E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, THURSDAY, MARCH 16, 2017 No. 46 House of Representatives The House met at 10 a.m. and was ture and demographics are our destiny. view with an Iowa talk radio show called to order by the Speaker. We cannot restore our civilization with where he discussed ‘‘the plan’’ of tele- f somebody else’s babies.’’ vision anchorman Jorge Ramos to Let that sink in for a moment. make White people the minority in MORNING-HOUR DEBATE In context, what it means is: A, America, causing KING to respond that: The SPEAKER. Pursuant to the STEVE KING believes Western civiliza- ‘‘I will predict that Hispanics and the order of the House of January 3, 2017, tion is under attack by outsiders; and, Blacks will be fighting each other be- the Chair will now recognize Members B, those outsiders can never be assimi- fore that happens.’’ from lists submitted by the majority lated or be considered part of our civ- So what happens when a Member of and minority leaders for morning-hour ilization. Congress makes racist remarks? Is he debate. God knows what Representative KING censured? Are his words taken down? Is The Chair will alternate recognition would think of my grandson who likes he rebuked by the leaders of his party? between the parties, with each party to tell me that in this arm he is Puerto If he traveled somewhere without limited to 1 hour and each Member Rican and in this one he is Mexican. getting permission or he accepted a other than the majority and minority But he says: ‘‘Grandpa, right here, I am gift without prior approval of Congress, leaders and the minority whip limited 100 percent American.’’ he would be punished. He might even to 5 minutes, but in no event shall de- You think: My grandson, yeah, he is get censured or called out in some way. bate continue beyond 11:50 a.m. right, and the Congressman from Iowa But for making racist comments, for f is wrong. I think my grandson is every supporting a racist candidate in some- bit as American as STEVE KING or I am. one else’s election, or for saying things WAITING FOR CENSURE, I was born during Jim Crow, when that receive high praise from David DENUNCIATIONS, AND REBUKES separate but equal was the law of the Duke and the KKK, nothing is going to The SPEAKER. The Chair recognizes land. But during my lifetime, we happen. I have not heard leaders in the the gentleman from Illinois (Mr. fought segregation and racism, and my Republican Party scrambling to say GUTIE´ RREZ) for 5 minutes. daughters have been fighting it even that STEVE KING does not represent Mr. GUTIE´ RREZ. Mr. Speaker, I use more in their generation, so that exclu- their views on race, religion, diversity, Twitter and have about 65,000 fol- sion, segregation, and racial hatred are and the threat that ‘‘somebody else’s lowers, which is pretty modest by no longer the law of the land. babies’’ pose to American civilization. Trump standards; but my staff is smart Now, at least as far as I am con- A friend of mine in Chicago asked me enough to keep the launch code secret cerned, my grandson, who was born in what I thought was going on when a from me so that when I say something, America, is an American, whether Member of Congress says such hurtful, we find the right words to express what STEVE KING likes it or not. Born in Illi- xenophobic things, calling, essentially, I want to say, and occasionally, very nois, he is not someone else’s baby. He on Black and Brown people to join in a occasionally, I have a chance to cool is 100 percent American. He is part of race war. down before I fire off a tweet. But this our civilization, and he is the future of The answer is that people like Rep- week we learned that one of our col- America, along with STEVE KING’s resentative KING feel empowered: em- leagues doesn’t have a reasonable staff grandchildren. powered by the presence of Steve person who helps him think through Just to be clear, Representative Bannon, Stephen Miller, Jeff Sessions; his tweets. KING’s message was warmly received empowered by a President who wants On Sunday, STEVE KING of Iowa and retweeted by none other than us all to fear Muslims, fear Mexicans, tweeted out his love and praise for the David Duke, the grand wizard of the Ku and, frankly, fear all Latinos, even my anti-Muslim nationalist candidate in Klux Klan, who has been a very proud American-born grandson. Holland who is running on an explicitly Republican candidate on numerous oc- This is what happens when American White supremacist platform; anti-im- casions. men and women remain silent. When migration, anti-Islam, anti-refugee, Duke said: ‘‘Just in case you were we do not stand up to the bully, the anti-people of color. This candidate is thinking of moving, sanity reigns su- racist, the nationalist, they get more the full White nationalist package. And preme in Iowa’s Fourth Congressional and more empowered. They get more apparently, KING and Geert Wilders are District,’’ and, ‘‘God bless STEVE and more empowered, and their actions very good friends. KING.’’ become more and more normal. In his tweet, Representative KING Oh, but Representative KING was not Well, saying that Black and Brown says: ‘‘Wilders understands that cul- done. He is never done. He did an inter- people will be fighting each other and

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.000 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2086 CONGRESSIONAL RECORD — HOUSE March 16, 2017 saying that non-White people are some- Alberto a friend and speak with him unprecedented outpouring of citizen how somebody else’s children and not frequently to discuss the case and concern, activism, and, in some cases, our children—the children of a nation Iran’s role in these barbaric attacks. outrage. America is finding its voice so that believes all men are created Sadly, Mr. Speaker, Alberto was Congress can find its spine. equal—well, that is not normal, and found dead in his apartment in Argen- Most recently, the people are de- the American people will not accept tina on January 19, 2015, under mys- manding Congress be held accountable the silence of the majority party when terious and suspicious circumstances. for the outrageous efforts on behalf of one of their own speaks out in this In December 2015, President Macri Republicans to dismantle the Afford- way. made a bold statement, a decision, to able Care Act, forcing more expensive I am waiting for the censure, the de- create a special prosecutor to inves- coverage for insurance plans that will nunciations, and the rebukes. But I tigate Nisman’s death, which hopefully not be as good and breaking the Trump suspect I will be waiting a long time. will not only uncover the truth sur- promise of better, more affordable f rounding his death, but also could vin- health care. dicate the work for which Alberto dedi- It has become clear that the Repub- 25TH ANNIVERSARY OF ISRAELI cated and maybe even gave his life. lican plan would force older Americans EMBASSY BOMBING IN ARGENTINA We can honor Alberto’s legacy by between the ages of 50 and 64 to pay 60 The SPEAKER pro tempore (Mr. continuing his work to hold those re- percent more for their health insurance JODY B. HICE of Georgia). The Chair sponsible for the terrorist bombings 25 coverage. recognizes the gentlewoman from Flor- years ago against the Israeli Embassy The Republican plan also seeks to ida (Ms. ROS-LEHTINEN) for 5 minutes. in Buenos Aires and the AMIA bombing unwind the life-changing expansion Ms. ROS-LEHTINEN. Mr. Speaker, in 1994. That is why I am introducing a under Medicaid that has provided care tomorrow we will, sadly, commemorate resolution today alongside Chairman for the poor, disabled, and lower in- the 25-year anniversary of the terrorist ROYCE, Ranking Member ENGEL, TED come and helps people with mental ill- bombing against the Israeli Embassy in DEUTCH, JEFF DUNCAN, and ALBIO ness and opioid addiction. Wildly increasing the ranks of the Buenos Aires, Argentina, which oc- SIRES, all of whom lead the way in uninsured and lowering the quality of curred on March 17, 1992. The terror at- holding Iran accountable for its cow- care and affordability is so unaccept- tack also destroyed a Catholic church ardly acts of terror. and a nearby school. This resolution, Mr. Speaker, ex- able to the American public that it is Twenty-nine people lost their lives in presses support to the Government of exposing deep divisions within the Re- this horrific attack, including Israeli Argentina for its investigation into the publican ranks. The wrecking crew is being slowed as diplomats and their spouses, a Catholic terrorist bombing of the Israeli Em- public awareness and citizen action priest, and Argentinian citizens, many bassy on March 17, 1992, as well as the spread across the country. This morn- of whom were children; and nearly 250 AMIA bombing on July 18, 1994. The ing, the American public has drawn a others were wounded. resolution also commends President new assignment: to resist the Trump Two years later, on July 18, 1994, over Macri for appointing a special investi- budget. It is shocking in its reckless 80 people were murdered in a similar gator in December of last year to ex- cuts to programs that Americans hold terrorist bombing at the building of amine the 1994 AMIA terrorist attacks. dear. the Jewish community organization, We are calling on our own govern- also known as AMIA, in Buenos Aires. ment to assist Argentina in any way b 1015 These two attacks had many similar- possible to ensure that perpetrators are What does it say that the cuts pro- ities, Mr. Speaker: many innocent peo- brought to justice. We also urge re- posed to the Environmental Protection ple lost their lives or were severely in- sponsible nations to work together to Agency are so extreme that even the jured; Israelis and Jews were the main fight and defeat international ter- EPA Administrator, Scott Pruitt, who target for these horrific attacks; and, rorism and its state sponsors like Iran. has made a career out of attacking the unsurprisingly, Iran, the world’s fore- I urge all of my colleagues to support EPA, found it too brutal even for him? most state sponsor of terror and its this important resolution, to take a The unnecessary expansion of some terror proxy group, Hezbollah, were re- moment today to remember those who defense spending, especially the tril- sponsible for these attacks. suffered in Hezbollah’s barbaric ter- lion-dollar spending spree that we are Yet here we are, 25 years after the rorist attack, and to continue to press embarking on for new nuclear weapons, Israeli Embassy bombing and 23 years those responsible to be brought to jus- is completely out of sync with our real after the AMIA attack, and those re- tice. defense needs and slashing vital State sponsible for those cowardly acts have Lastly, Mr. Speaker, I would like to Department programs that enhance yet to be brought to justice. acknowledge and personally thank the our security. It hasn’t been for lack of evidence, Argentine Ambassador to the U.S., Trump would not just impose shock- Mr. Speaker. In fact, the Supreme Martin Lousteau, for being here in the ing reductions on peacekeeping and hu- Court of Argentina found that the Ira- gallery this morning. The Israeli Am- manitarian action, but he would deny nian-backed—U.S.-, Israel-, and Arab bassador to the U.S., Ron Dermer, is the State Department the ability to ex- League-designated—Lebanese-based represented by Reuven Azar, Deputy ercise soft power. This compromises terror group Hezbollah was responsible Head of Mission at the Israeli Embassy, our national security interests and for the embassy bombing. A preponder- who was actually born in Argentina. I leaves us less safe. ance of evidence shows that Iran di- thank them for being here this morn- Critical and widely supported life- rected, financed, and assisted ing. saving medical research efforts will be Hezbollah in the commission of the ter- I urge this investigation to go for- slashed, reversing years of bipartisan ror attack. ward with U.S. support as well. I thank effort to enhance medical research to Buenos Aires also called for a special them so much, and let us remember the fight disease, illness, and disability. prosecutor to investigate the AMIA victims of these dastardly attacks At a time of housing crisis across the bombing and appointed special investi- today. country, some of the few Federal tools gator Alberto Nisman to the case. As a f to increase affordability and combat result, Argentina issued international homelessness are being cut away. arrest warrants for nine Iranian offi- SPEAKING AGAINST THE This budget disaster would even zero cials in connection with the AMIA AMERICAN HEALTH CARE ACT out Federal support for public broad- bombing after Nisman determined that The SPEAKER pro tempore. The casting, even though it represents just Iranian proxy Hezbollah was respon- Chair recognizes the gentleman from a tiny sliver of Federal budget and sup- sible for this heinous act. Oregon (Mr. BLUMENAUER) for 5 min- ports a vital public service. Public Mr. Nisman’s commitment to the utes. broadcasting is supported by an over- rule of law and the fight against cor- Mr. BLUMENAUER. Mr. Speaker, in whelming majority of Americans, even ruption and terror was unwavering. I the aftermath of the November elec- those who voted for Donald Trump. Ap- had the honor and privilege to call tion, it has been exciting to watch the pallingly, those cuts would punish

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.001 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2087 rural and small town America that are online course, read a publication, or businesses, and schools. Slowly but more dependent than anybody else on speak face-to-face with an extension surely, they began to enjoy some meas- public broadcasting support to be able educator. There is no shortage of learn- ure of success and stability. to maintain that service. ing opportunities with Penn State Ex- Mr. Speaker, I am sure that there are The people who are resisting this tension. Garcias or Asgaris or Rodriguezes that reckless administration have this new Mr. Speaker, this is just one way share that same story, but the one I assignment: resist the budget; make that Penn State is extending knowl- tell is not theirs. clear to their representatives that it edge and improving the quality of life This family’s name is Kennedy. should be dead on arrival; that decades for all Pennsylvanians. The programs Struggling immigrants whose quest for of bipartisan support for vital pro- are very localized and touch every a better life took them from Ireland’s grams to protect the environment, county in the State through 21 sepa- potato famine to Boston’s immigrant human services, international humani- rate districts. Extension is particularly barrios. It is the ageless story of a tarian interest, medical research, even helpful to farmers and those involved young man looking for a better future, public broadcasting will not be toler- in the agriculture industry, which is of a family in search of a safe place to ated. Pennsylvania’s number one economic settle down, of the sacrifice that any People are making a difference, but driver. parent would make for the benefit of America needs all of us to find our Whether you are a beginning farmer their children. And it has been re- voice so that Congress does its job. or you have a few years under your peated millions of times in every cor- f belt, it is good to know you are not in ner of our world in the over 150 years the farming world alone. Extension ac- since my ancestors fled their home to PENN STATE EXTENSION IS A tivities can help connect you with oth- find a new one. VALUABLE SERVICE ers to share ideas, trials, and tribu- My father has a memory of my great- The SPEAKER pro tempore. The lations. In fact, Federal cooperative ex- grandmother, Rose, that he shared Chair recognizes the gentleman from tension programs have helped more with me once. He was playing outside Pennsylvania (Mr. THOMPSON) for 5 than 137,000 farmers stay in business with friends one day when she called minutes. just since 1985. Without cooperative ex- him in. As he fidgeted around and im- Mr. THOMPSON of Pennsylvania. tension and the underlying research, patiently tried to sit still, she pulled Mr. Speaker, I rise today to commend researchers have estimated that the out a big scrapbook and flipped to a the efforts of Penn State Extension, country would have lost 28 percent stack of carefully folded newspapers in which is an educational network that more farmers than those who actually the back. One after another, she opened gives the people in Pennsylvania’s 67 left agriculture. them up to the help wanted section. counties access to the university’s re- Who would feed us? Who would pro- There, she pointed to ad after ad sources and expertise, especially its ag- vide that food, fiber, building mate- marked in big block letters: No Irish ricultural resources as a land-grant rials, even forms of energy that our need apply. university. farmers and farm families do today? My great-grandmother’s message was Cooperative extension services began By design, extension is locally di- clear: Don’t forget where you came in 1914. The Smith-Lever Act estab- rected and responsive to the needs of from, don’t forget the blood and the lished a system of cooperative exten- local communities. I am grateful that sweat and the tears that generations sion services connected to the land- Penn State is one of those land-grant before you have shed so that you would grant universities in order to inform universities and can offer this service never feel the sting of prejudice. people about the current developments to the public. It helps keep our local For my family and so many others, in agriculture, home economics, public farmers abreast of the most up-to-date this became a deeply personal fight. In policy and government, leadership, information that impacts the industry July of 1964, a young Attorney General 4–H, economic development, coastal and impacts the lives of families. It named Robert Kennedy sat in front of issues, and many other related sub- helps promote lifelong learning and the House Judiciary Committee. There, jects. It helped farmers learn new agri- provides invaluable support and assist- my grandfather urged Congress to act cultural techniques by the introduc- ance to our communities. That is on immigration reform. Our system, he tion of home instruction. something for which we can all be very said, ‘‘is a source of embarrassment to Since its inception, it has been fo- proud. us around the world, it is a source of cused on informal, noncredit adult con- f anguish to many of our own citizens, it tinuing education. Thus, cooperative is a source of loss to the economic and extension is not a service, but a schol- AN IMMIGRANT STORY creative strength of our nation as a arly content-driven educational mis- The SPEAKER pro tempore. The whole, it is inconsistent with our prin- sion of the university. This program is Chair recognizes the gentleman from ciples and out of step with our his- funded by the U.S. Department of Agri- Massachusetts (Mr. KENNEDY) for 5 tory.’’ culture, State, and county govern- minutes. The opposition that he and other ad- ments. Through these county-based Mr. KENNEDY. Mr. Speaker, I rise to vocates have faced half a century ago partnerships, Penn State Extension share the story of a family that I have sounds eerily familiar to so many of us educators, faculty, and local volunteers come to know. They came from a hum- today: Immigrants will flood our cities work together to share unbiased, re- ble place, scraping by. Amidst insta- and towns. They will take American search-based information with local bility in their native land, they could jobs. They will poison American cul- residents. barely keep food on their table. For ture. They aren’t from here. They Penn State Extension can help you years, their government ignored their aren’t like us. They are somebody become a master gardener. It helps struggle and suffering. Like so many else’s babies. teach families how to prepare and pre- others, they dreamed of a better life in Fifty years later, the opposition still serve food safely. It can help you learn America. hasn’t updated their talking points. about how to start a home-based busi- Finally, they managed to cobble to- Fifty years later, our broken immigra- ness or how to properly prepare tax gether enough money to make the dan- tion system is still a source of embar- forms. Penn State Extension helps in- gerous journey to our shores. Yet, once rassment, but worse, of anguish and of dividuals, families, businesses, and here, they discovered that life wasn’t loss. Fifty years later, we face a threat communities throughout Pennsylvania so easy. They were resented for their unlike almost any we have seen in re- with information and a broad range of accents, their faith, and their foreign cent history: a President who has built educational programs. ways. Doors were slammed in their an entire campaign—and now an ad- Everyone in the community can tap faces when they sought work. ministration—on the scapegoating of into the assets and information of our So they worked harder. They leaned immigrant families. major research university, and there on each other and those who came be- We have watched President Trump are numerous ways to learn. You can fore. They forged a community and threaten our most fundamental Amer- attend an educational event, take an they organized. They built churches, ican values with border walls and bad

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.011 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2088 CONGRESSIONAL RECORD — HOUSE March 16, 2017 hombres. We have heard his racial epi- President Trump is forcing over 11 Americans. Working together, we can thets. We have seen cold-hearted exec- million individuals who have lived in fix the Affordable Care Act. utive orders. We have stood in horror the United States for decades deeper Clearly, in regards to the ACA, my as his administration sweeps the coun- into the shadows of our communities. Republican friends have decided to go try with raids that appear unprece- They are scared to go to work, scared at it alone. That is too bad. dented in their utter disregard for fam- to go to school, and scared to live their I stand ready to work with the Presi- ily, community, and common decency. lives. California’s agriculture industry dent on a bipartisan basis on all of the That is why I stand here today, on relies heavily on a workforce of indi- above, but the President must reach the eve of St. Patrick’s Day, the proud viduals who are undocumented and out. I sincerely want our President to son of Irish immigrants and the hum- work every single day to accomplish do well because that is what is in the ble beneficiary of our country’s golden the American Dream for themselves best interest of our country, as I want doors, to deliver a message to immi- and their families. These individuals every American President to do well. grant families: President Trump does are not only contributing to the agri- But it will not happen. It will not hap- not speak for all of us, and his immi- culture industry, but they are also stu- pen, my colleagues, my friends, unless gration policies are opposed by leaders dents, entrepreneurs, and we work together. in Washington who do not take your businessowners. f patriotism for granted. We are grateful Furthermore, implementing an exec- MASSIVE TAX BREAKS FOR THE for your contribution to our commu- utive order to ban travel to the United WEALTHY nities, our culture, and our economy. States is not the American way. As We understand your willingness to many people in my district are aware, The SPEAKER pro tempore. The walk to the ends of the Earth, to navi- President Trump’s first travel ban pro- Chair recognizes the gentleman from gate oceans and mountains and deserts hibited a 12-year-old girl, Eman, and Oregon (Mr. DEFAZIO) for 5 minutes. and war zones because every parent her U.S. citizen father from coming Mr. DEFAZIO. Mr. Speaker, over the would do the same. We know what you home to the United States, and his last 7 years, we have heard a lot from have risked to give them a better fu- order put them in harm’s way while the Republicans about repeal and re- ture and what you have sacrificed to be they waited in Djibouti. place. They voted some 67 times to re- peal the Affordable Care Act, which a part of our United States. We stand b 1030 by your side in the fight ahead. they call ObamaCare. The SPEAKER pro tempore. Mem- Last month, a Federal appeals court We have seen their so-called replace- bers are reminded to refrain from en- ruled to block that executive order ment plan. Actually, it is a plan to gut gaging in personalities toward the travel ban. Four weeks ago, father and the Affordable Care Act and stuff President. daughter finally came back to Los through massive tax breaks for the f Banos to rejoin their family. wealthy. What is new? That is the Our President and his team had to go number one, two, and three priority of THE NEED FOR IMMIGRATION back to the drawing board, as we know, the current Republican majority here REFORM to issue a new executive order. And in the House of Representatives. The SPEAKER pro tempore. The just last night, his second executive They got an analysis Monday. It was Chair recognizes the gentleman from order to ban travel was blocked. a little discouraging, but not really. California (Mr. COSTA) for 5 minutes. The Trump administration claims The Speaker touted the fact it would Mr. COSTA. Mr. Speaker, I rise today that the flawed executive orders are: reduce the deficit by $377 billion. Sure, to speak about the need for bipartisan One, a vital measure for protecting if you take away health care from 24 and comprehensive immigration re- national security; million people, you can save some form. I am disappointed by President Two, work to improve the vetting money on that end, but you lose a lot Trump’s actions on immigration dur- process; and on the other end with families going ing his first 2 months in office. I do not Three, that the United States has a bankrupt. The most frequent cause of say that lightly, because I want this right to vet people who are entering bankruptcy in America was an unin- President to succeed, as I want every the country and keep people out who sured healthcare emergency before the President to succeed, because if they are doing us harm. Affordable Care Act. succeed, so does our country. I agree that we need to work to- Small rural hospitals will be closing But the President’s comments and gether to protect national security. their doors all across America if this actions to implement policies that The Federal Government is obligated bill goes through. And even the larger don’t hold up American values has me to keep our country safe and vet people hospitals, having to give more unin- feeling very uneasy. To say the least, who enter this country. And guess sured care to people in crisis, will be his erratic statements made on domes- what? Thorough and rigorous vetting having to jack up prices, and, of tic and foreign policy, that he has ei- policies are already in place, and they course, that means higher premiums ther taken back or corrected, dem- have been going back to the Bush ad- for everybody else. Back to the good onstrates a lack of diplomatic experi- ministration ever since 9/11. That is old days of freedom to choose. In this ence. For example, issuing an execu- nothing new. My office receives case- case, their freedom to choose bank- tive order to build a wall on the U.S.- work on a weekly basis regarding visas ruptcy, or death, or who knows what Mexican border is not a real solution to that are being extremely vetted and in- else, under this plan. fixing our broken immigration system. dividuals who are waiting for years to They have really painted a target on It does little, if anything, to improve get the proper visa to come to this older Americans. They are going to our national security, and it would country. That is extreme vetting. allow the healthcare insurance indus- only hurt trade relations with Mexico, I strongly encourage the President to try—which, by the way, is exempt from which would have a very serious eco- work with us in Congress and imple- antitrust law, so it is not competitive. nomic impact not only on American ment a policy that actually strength- They keep saying: Competition and exporters, but especially California’s ens our national security, upholds our choice. How do you have competition agriculture industry. national security, and upholds our when an industry does, and is, allowed Additionally, the Trump administra- American values that we all cherish. to collude to set prices to exclude cer- tion’s directives to deport undocu- Working together on a bipartisan basis, tain areas or people from coverage or mented immigrants, regardless of how we can fix our Nation’s broken immi- certain diseases from coverage? They long they have lived here and the con- gration system. Working together, we can do that all behind closed doors. It tributions they have made to our soci- can make important investments in is legal for that industry. And they will ety, is a strong example of the Presi- our infrastructure, and we should. not include a provision to take away dent’s implementing policy that not Working together, we can reform our their antitrust immunity as part of only is flawed from a human rights per- tax system so it is simple and fair. this bill. spective, but it is going to have a nega- Working together, we can negotiate a So they are going to allow insurance tive impact on our economy as well. farm bill that provides benefits for all companies to charge anybody age 50 or

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.004 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2089 older five times the premium for a RECOGNIZING RESIGNATION OF more choices, high-quality health care, younger person. Now, let’s look at, say, MUSTAFA ALI the best in the world. But ObamaCare a modest income of a 21-year-old of The SPEAKER pro tempore. The did not get us there. And if we continue $27,000 a year. They will actually pay Chair recognizes the gentleman from on the current path, health care in this country is only going to get worse. $250 less for a policy that will cover Virginia (Mr. MCEACHIN) for 5 minutes. Premiums this last year alone have less. But that is okay, I guess, sort of, Mr. MCEACHIN. Mr. Speaker, I rise risen, on average, across this country maybe. today in recognition of Mr. Mustafa by 25 percent. One out of three counties But for a 64-year-old earning the Ali’s 24 years of service to the health only has one plan available to them. same amount of money—and there are and wellness of the American people. 64-year-olds out there still working Networks are collapsing. On March 7, Mr. Ali sent his resigna- That is why we are working to repeal who can’t get Medicare yet and don’t tion to Administrator Scott Pruitt. He have a big retirement fund—they are and replace ObamaCare. We are com- resigned from his post as the leader of mitted to creating a better healthcare still working for modest wages of the Environmental Protection Agen- $27,000 a year, they will see their future for every person in America. No cy’s Environmental Justice program. back-room deals, no ramming through healthcare costs go from $1,700 a year For more than 2 decades, Mr. Ali led to $14,600. So a 64-year-old American bills no one has had time to read, and our Nation’s leaders on environmental no surprises. working person with an income of justice in their search for equalizing $27,000 would have a premium of $14,600. Every step of the way, we want to the playing field for vulnerable com- hear from you, the American people. Now, how is that going to work? How is munities that have been victims of ac- that going to work? More than half of Visit readthebill.gop and give us your tions that threaten their public health feedback. Health care should be an their income would go to pay for a and the quality of their air, water, and health insurance plan. They have put a open, transparent process through reg- land. ular order, and that is exactly what we target square on those millions of peo- In his letter, Mr. Ali said, in part: ple, and that is absolutely outrageous. are doing with the American Health This bill is tax cuts very thinly dis- Communities of color, low-income commu- Care Act. nities, and indigenous populations are still f guised as the American Health Care struggling to receive equal protections be- Act. The cuts are pretty astounding. If fore the law. OPPOSING GOP REPEAL BILL you earn $700,000 a year, you will get a These communities, both rural and urban, The SPEAKER pro tempore. The $37,000 tax cut. Now, those people are often live in areas with toxic levels of air Chair recognizes the gentlewoman from pollution, crumbling or nonexistent water really hurting. Those people at $700,000 Alabama (Ms. SEWELL) for 5 minutes. a year are worried about their health and sewer infrastructure, lead in their drink- ing water, brownfields from vacant former Ms. SEWELL of Alabama. Mr. Speak- insurance. No, not so much. They prob- er, today, I rise to express my opposi- ably get it for free through their cor- industrial and commercial sites, Superfund and other hazardous waste sites, as well as tion to the GOP healthcare bill. porate connections, or whatever. And other sources of exposures to pollutants. On Monday, we received from the even if they did, with $772,000, they can Despite the many challenges we face re- CBO a report that the House repeal bill afford the increase with a $37,000 tax garding the impacts of pollution and a will increase the number of uninsured break. changing climate, we have just as many ef- Americans by 24 million in 2026. Fifty- But then how about the most privi- fective tools and programs, with long track two million Americans will be unin- leged of the privileged of the privi- records of assisting vulnerable communities sured in 2026, which is more than ever leged, those in the top 1 percent whose in meeting their goals of improving public before, and definitely more than the income averages $4 million a year? health and enhancing the environmental quality of their local communities. Affordable Care Act. They get a tax cut of $207,000 a year The intentions here are clear. The under this bill. This bill is tax cuts dis- Mr. Ali’s resignation is a signal for bill’s drafters are choosing to ration guised as an excuse for a replacement me. In my eyes, a longtime soldier in care for the elderly and the working for the ACA. the fight to level the playing field for class to fund tax cuts for the Nation’s There are a few other tax cuts, again, all Americans to live in a clean envi- highest earners. really deserving and needy folks—the ronment left the Environmental Pro- Under the GOP bill, a 64-year-old, pharmaceutical industry, $25 billion, tection Agency because it was no with an income of $26,000, will have to and the medical device industry, $20 longer welcoming for individuals who pay a net of $12,900 more each year for billion. And health insurance compa- want to work with facts. her coverage than she currently does. nies exempt from antitrust law can, As we await the President’s fiscal In addition to the disproportionate once again, pay their CEOs $5 million year 2018 budget, we need to remember harm that this bill will do to seniors, it or $10 million a year and take a full tax how impactful Environmental Justice will also accelerate the insolvency of deduction, which under current law programs are to our constituents’ the Medicare trust fund by 3 years. they can’t. health. Flint is one of the most salient Mr. Speaker, the GOP plan cuts $880 So here it is, the goodie bag: Tax cuts examples of what can happen when en- billion from projected Medicaid spend- for the wealthiest among us, tax cuts vironmental justice watchdogs are not ing over the next decade, while pro- for the pharmaceutical industry, empowered to do their good work. viding almost $600 billion in tax cuts to health insurance industry, medical de- f the wealthy and to corporations. Sixty- vice manufacturers; and, for the rest of four percent of the tax cuts would go to OBAMACARE FAILED TO MEET ITS America, the booby prize, which is millionaires and billionaires, while an GOALS healthcare plans that cover less and additional 20 percent would go to those cost a lot more. The SPEAKER pro tempore. The making between $500,000 and $1 million. Oh, and then a couple of years out, 14 Chair recognizes the gentlewoman from Mr. Speaker, less than 1 percent of my million people will be cut off of Med- Washington (Mrs. MCMORRIS RODGERS) constituents make more than $200,000, icaid. for 5 minutes. so it would be irresponsible of me not These are really expensive tax cuts, Mrs. MCMORRIS RODGERS. Mr. to voice my concern for a bill that con- and they have got to be paid for. The Speaker, I rise today because tradicts the interests of my constitu- Republicans are fiscally responsible. ObamaCare, though well intentioned, ents so blatantly. They are going to pay for the tax cuts has failed to meet its own goals and When I first got a copy of the bill less for people who earn $1 million a year, promises. than 2 days before we marked it up in they are going to pay for the tax cuts There is a lot of passion on both sides the Ways and Means Committee, I was for the pharmaceutical industry, but of the aisle, I know. I just sat through left wondering if the bill was written to they have to screw a hell of a lot of 27 hours of debate in the Energy and address our Nation’s healthcare chal- people to do it. Commerce Committee last week. It is lenges or just to relieve the wealthy The SPEAKER pro tempore. The clear that Republicans and Democrats few of their tax obligations. Chair would remind Members to refrain have shared goals when it comes to The drafters of this bill made the dis- from using vulgarity. health care. We want lower premiums, appointing choice to favor value tested

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.006 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2090 CONGRESSIONAL RECORD — HOUSE March 16, 2017 and failed trickle-down economics over b 1200 lic for which it stands, one nation under God, indivisible, with liberty and justice for all. investing in a stronger, healthier AFTER RECESS America. Large numbers of unhealthy f and uninsured Americans are not re- The recess having expired, the House was called to order by the Speaker pro WELCOMING REVEREND DR. flective of the governing bodies that ANDREW CHANEY make good choices. tempore (Mr. BOST) at noon. The SPEAKER pro tempore. Without The Republican health plan directly f objection, the gentleman from Mis- slashes funding for people with disabil- PRAYER ities by $12 billion, cutting the pro- souri (Mr. LONG) is recognized for 1 gram that helps people live in their Reverend Dr. Andrew Chaney, First minute. There was no objection. communities and reach their full po- and Calvary Presbyterian Church, Mr. LONG. Mr. Speaker, today I have tential. Springfield, Missouri, offered the fol- lowing prayer: the honor of introducing my friend Reverend Dr. Andrew Chaney. b 1045 God, You are never far, but the busy- ness of each day makes You feel dis- Reverend Chaney is a third-genera- I represent a historically underserved tant. Inner barricades block Your guid- tion minister. He serves as the senior constituency in Alabama’s Seventh ance—fears haunt us, worries entangle minister at the historic First and Cal- Congressional District. The median in- our minds, and pressures cast shadows vary Presbyterian Church in Spring- come in my district is less than $34,000. upon our hearts. Keep these anxieties field, Missouri, a church that is a spe- The majority of the health providers in of life from overwhelming us. cial place to my family. Reverend my district have a patient population Give us victory over pride so that our Chaney serves as an important spir- that is disproportionately dependent common humanity may provoke new itual voice for me and the Springfield on Medicare and Medicaid and is unin- inroads of compassion to sympathize community. sured. These healthcare providers can- more deeply with those in need. Congress has a longstanding tradi- not withstand caps to Medicaid or in- Give us victory over stubbornness. tion of beginning each session with a creases in their uninsured population. Replace the grudges that hinder our prayer. I am privileged and honored to If this bill is implemented without sub- collaboration with forgiveness that have the opportunity today to welcome stantial changes, rural health care will opens minds to new possibilities. Reverend Dr. Andrew Chaney to the be lost and rural lives will be at risk. Give us victory from the stain of people’s House as he opened today’s In my district, I have met constitu- lustful sins. Keep us on the straight session with a prayer. ents who have weekly made choices be- and narrow path. Cleanse and purify f tween whether to buy medicine or to our hearts by the inspiration of Your ANNOUNCEMENT BY THE SPEAKER put food on the table. I have a pediatri- holy spirit. PRO TEMPORE cian in my district in Birmingham who O God, give these Members of Con- The SPEAKER pro tempore. The will stop what she is doing to track gress a courageous perseverance, an Chair will entertain up to 15 further re- down patients newly infected with unshakeable integrity, a spirit that quests for 1-minute speeches on each STDs so they do not transmit it. cannot be broken. Secure the faith of side of the aisle. In States with so many high rates of this House, thereby securing the herit- STDs in this country, every attempt to age and the future of America. f curb the spread of disease is critical. Amen. CLIMATE CHANGE The GOP bill guts the Prevention and f Public Health Fund, which helps com- (Ms. STEFANIK asked and was given munity doctors provide preventative THE JOURNAL permission to address the House for 1 minute and to revise and extend her re- care and reduce the threat of public The SPEAKER pro tempore. The health crises. marks.) Chair has examined the Journal of the Ms. STEFANIK. Mr. Speaker, my dis- Mr. Speaker, over the past several last day’s proceedings and announces trict is the proud home to Adirondack weeks, my office has received over 600 to the House his approval thereof. Park, an environmental treasure. We emails from constituents about health Pursuant to clause 1, rule I, the Jour- understand in the north country that care. Many shared positive stories nal stands approved. protecting our environment plays an about the Affordable Care Act. Others, Mr. WILSON of South Carolina. Mr. important role in promoting economic particularly those from low-income Speaker, pursuant to clause 1, rule I, I growth and opportunity. areas, fall in that gap, that Medicaid demand a vote on agreeing to the Along with 16 of my colleagues, I am gap; and the State of Alabama, like so Speaker’s approval of the Journal. proud to introduce a resolution calling many Republican-led States, did not The SPEAKER pro tempore. The on the House of Representatives to choose to expand Medicaid. question is on the Speaker’s approval commit to working on economically Unfortunately, the GOP health bill is of the Journal. viable solutions that address the threat not the answer. This bill will take Med- The question was taken; and the of climate change. icaid away from America’s children, Speaker pro tempore announced that Clean energy innovation is critical, working parents, and seniors in nurs- the ayes appeared to have it. and this resolution brings together the ing homes. By 2026, nearly 30 percent of Mr. WILSON of South Carolina. Mr. priority of addressing the risks of cli- Americans aged 50 to 64 earning $30,000 Speaker, on that I demand the yeas mate change with the importance of will be uninsured. Surely, Mr. Speaker, and nays. protecting and creating American jobs. this is not what this body intended. The yeas and nays were ordered. This resolution calls on American inge- This bill is not only morally un- The SPEAKER pro tempore. Pursu- nuity, innovation, and exceptionalism, sound, but fiscally irresponsible, and I ant to clause 8, rule XX, further pro- also citing that it is a conservative urge my colleagues to vote ‘‘no’’ for ceedings on this question will be post- principle to protect, conserve, and be the GOP repeal bill. poned. good stewards of our environment. f No matter what side of the aisle you f are on, we all have a significant re- PLEDGE OF ALLEGIANCE sponsibility to protect our environ- RECESS The SPEAKER pro tempore. Will the ment from avoidable damage. I ask my The SPEAKER pro tempore. Pursu- gentleman from California (Mr. RUIZ) colleagues to join in this commitment ant to clause 12(a) of rule I, the Chair come forward and lead the House in the and support this important resolution. declares the House in recess until noon Pledge of Allegiance. f today. Mr. RUIZ led the Pledge of Alle- Accordingly (at 10 o’clock and 47 giance as follows: RESOLUTION OF INQUIRY minutes a.m.), the House stood in re- I pledge allegiance to the Flag of the (Mr. QUIGLEY asked and was given cess. United States of America, and to the Repub- permission to address the House for 1

VerDate Sep 11 2014 03:14 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD17\MARCH\H16MR7.REC H16MR7 March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2091 minute and to revise and extend his re- As an emergency physician, I know Mr. GENE GREEN of Texas. Mr. marks.) that everyone, even healthy young peo- Speaker, 24 million Americans will lose Mr. QUIGLEY. Mr. Speaker, today I ple, are vulnerable to car accidents or their health insurance. They will be- have introduced a resolution of inquiry diseases that require critical care. come uninsured. We call it TrumpCare, requesting that the President and At- Whether they have insurance or not, as it should be called. torney General provide the House with people get sick and get injured. For 7 years, Republicans have said any evidence in their possession relat- I have never treated a patient who they have a better alternative to the ing to President Trump’s claims that said they were uninsured because they Affordable Care Act. President Trump President Obama illegally ordered the preferred to be uninsured. They simply promised on the campaign trail that wiretapping of Trump Tower, a task couldn’t afford it. Republicans would put forward a plan not welcomed but necessitated by the So what does 24 million more unin- that would have insurance for every- President’s seemingly baseless accusa- sured people mean? body which would be far less expensive tions that the Obama administration It means more pain, suffering, and and far better for the American people. wiretapped Trump Tower during the shorter life spans for people who go We now know the Congressional Presidential campaign. These accusa- without care. Budget Office report says that 24 mil- tions should be taken literally and se- It means more ER visits and a longer lion people will lose their health insur- riously. wait to see a doctor in the emergency ance, including 7 million who will lose rooms for everyone. As a member of the Intelligence their insurance they currently have It means financial ruin for young Committee, I have seen absolutely no through their employers. evidence that supports the President’s families or those ready to retire. It means that hospitals and providers Older Americans waiting to get on claims. President Trump and the De- might lay off workers or even go out of Medicare would be charged five times partment of Justice have a responsi- business due to rising uncompensated what they pay now. It reduces the bility to completely clarify the Presi- care. It means they will charge more to Medicare trust fund, and it cuts 25 per- dent’s statement on Twitter. make ends meet, which will raise pre- cent in Medicaid, a program that pro- If the White House and Department miums and out-of-pocket costs for ev- vides care for children and senior citi- of Justice are unable to produce this eryone. Everyone will have to pay zens. evidence, as I suspect will be the case, more. Mr. Speaker, this plan is both heart- the President owes the American peo- I urge everyone to vote ‘‘no.’’ less and financially unsound. This re- ple a thorough and immediate expla- peal bill does not lower premiums or f nation and apology. out-of-pocket costs nor does it expand f HOUSE REPUBLICANS FULFILL access to care, and it provides a huge PROMISE LET’S TAKE CARE OF OUR tax cut poorly disguised as a VETERANS (Mr. WILSON of SOUTH CAROLINA healthcare bill. asked and was given permission to ad- We need to defeat this bill. (Mr. ALLEN asked and was given dress the House for 1 minute and to re- f permission to address the House for 1 vise and extend his remarks.) THE RUSSIAN INVASION OF minute and to revise and extend his re- Mr. WILSON of South Carolina. Mr. CRIMEA marks.) Speaker, an editorial last week in the Mr. ALLEN. Mr. Speaker, today I Post and Courier of Charleston cites (Mr. POE of Texas asked and was rise in support of the VA Account- ‘‘GOP health bill a start,’’ which pro- given permission to address the House ability First Act. This legislation pro- vided accurate insight into how the for 1 minute and to revise and extend vides the VA’s Secretary with in- American Health Care Act is the first his remarks.) creased ability to remove, demote, or step in a three-step approach on how to Mr. POE of Texas. Mr. Speaker, this suspend any VA employee for poor per- put patients back in control of health week marks 3 years since Russia vio- formance or misconduct. care. lated Ukraine’s territorial integrity Why it takes legislation to enforce The editorial states: ‘‘Any flaws not and illegally stole Crimea. common sense is beyond me. Just like withstanding, it’s an important step In 2014, the people of Ukraine peace- in the business world, the VA and its forward for the GOP to put a fully fully decided to move closer to the Eu- employees must be held accountable fleshed-out healthcare bill on the ropean Union and away from the Rus- for their actions. table. . . . But there is certainly cause sian sphere of influence. However, the Three weeks ago, I hosted a veterans for optimism that a tweaked . . . Napoleon of Siberia would have none of townhall in Swainsboro, Georgia. Many healthcare bill can at least bandage it. Russian troops invaded the Crimean of the complaints and concerns shared and begin to cure some of the festering Peninsula of Ukraine. Little green men with me were about wait times. One wounds left by ObamaCare. . . . then invaded two more regions in east- thing no one has enough of is time, es- ‘‘Republicans have a chance to make ern Ukraine. pecially our veterans. For far too long, things right. They have a chance to The Russian invasions have cost veterans have waited for care at their help more Americans afford health 10,000 Ukrainian lives, but Russia has own expense. This is unacceptable. care in a sustainable and responsible not stopped. Troops are pursuing a slow It is our responsibility to not only way. They have the chance to place strategy to take more and more terri- take care of, but provide the best pos- more healthcare decisions in the hands tory in eastern Ukraine. sible care to our servicemen and of patients and doctors and fewer in Russia has invaded a sovereign coun- -women. Getting rid of bad and incom- the hands of government. try and taken over its lands. Mr. petent actors is a great place to start. ‘‘The bill introduced on Tuesday is a Speaker, what country is next? I encourage my colleagues to support first step in the right direction. . . .’’ The American people must stand this legislation. It is truly the least we I appreciate the positive vision of with Ukraine and against the tyranny can do for those who have done so Speaker PAUL RYAN with President of the Russian bear. It is time to stand much for us. Donald Trump and his team of OMB Di- up to Putin. He must pay a price for his f rector Mick Mulvaney and HHS Sec- aggression. Sanctions against and iso- retary Tom Price. lation of the bear are good places to WHAT WILL AMERICAN HEALTH In conclusion, God bless our troops, start. CARE ACT MEAN? and we will never forget September the And that is just the way it is. (Mr. RUIZ asked and was given per- 11th in the global war on terrorism to f mission to address the House for 1 defeat Islamic extremist terrorists. A CALL FOR HEARINGS TO DETER- minute.) f Mr. RUIZ. Mr. Speaker, the Amer- MINE ROOT CAUSE OF WAVE OF ican Health Care Act, known as DEFEAT TRUMPCARE HATE CRIMES TrumpCare, will cause 24 million more (Mr. GENE GREEN of Texas asked (Mr. KRISHNAMOORTHI asked and people to go without health insurance and was given permission to address was given permission to address the over the next decade. the House for 1 minute.) House for 1 minute.)

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.013 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2092 CONGRESSIONAL RECORD — HOUSE March 16, 2017 Mr. KRISHNAMOORTHI. Mr. Speak- minute and to revise and extend her re- The battle does not end with the er, over the last few months, we have marks.) American Health Care Act, but it is a seen a surge of hate-driven violence, Mrs. DINGELL. Mr. Speaker, I rise crucial first step to a better tomorrow. vandalism, and threats against numer- today because war is being declared on f ous communities. As a member of the the Great Lakes. Those of us who live CBO ANALYSIS ESPECIALLY BAD Oversight Committee, I am calling for in the Great Lakes region recognize NEWS FOR WOMEN hearings to determine the root cause of that the current times are anything this wave of hate crimes and how we but useful. (Mrs. CAROLYN B. MALONEY of can combat it. The Great Lakes account for 21 per- New York asked and was given permis- While our government must show its cent of the world’s freshwater supply sion to address the House for 1 minute.) commitment to answering these at- and are a major thoroughfare for trans- Mrs. CAROLYN B. MALONEY of New tacks, the American people already portation, commerce, trade, as well as York. Mr. Speaker, today the House have. Desecrations of Jewish ceme- recreation and tourism. Critical invest- Budget Committee passed the Repub- teries were met with waves of volun- ments over the last decade have helped lican healthcare plan. teers assisting in their restoration. clean up and protect these waters, and We all know by now that the recent Mosque burnings were met with con- that work is now in danger. Much is CBO analysis has some very bad news tributions from Americans of all faiths preventable and it must be stopped. for millions of Americans, but it has to help the rebuilding. And when two President Trump’s budget released some especially bad news for women. Indian men in Kansas were shot and today virtually eliminates funding for The GOP plan makes Planned Parent- one murdered, a Caucasian third man the Great Lakes Restoration Initiative, hood ineligible for any reimbursement was wounded when he heroically which will cause significant harm to from Medicaid or Medicare for one en- sought to intervene. our communities, to jobs, and to our tire year. More than half of Planned These actions speak to the resilience way of life. This jeopardizes our ability Parenthood facilities are in rural or of our people, the highest principles of to fight back against invasive species medically underserved areas. Even in our Nation, and why we are proud to be that threaten the region’s biodiversity, my district in New York, women are Americans. America is, indeed, an ex- including the Asian carp. It also im- lined up outside the building and down ceptional nation. pacts vital cleanup projects that en- the block, often waiting for Planned I hope Chairman CHAFFETZ will heed sure our water is safe to drink. And Parenthood services. my call and hold hearings on this wave there are those who want to store nu- Yet, the CBO says that if the GOP of hate-inspired attacks to help Amer- clear waste in the Great Lakes as well. plan becomes law, more than 15 percent ica remain exceptional. It is not a partisan issue; it is an Amer- of low-income women in our country will be without any access to health f ican issue. f care—no cancer screenings and no tests b 1215 and treatments for STDs. Women’s RESUSCITATE OUR HEALTHCARE lives and well-being should have great- IMPROVING VETERANS’ ACCESS SYSTEM TO CARE er value than this, but they just don’t (Mr. CARTER of Georgia asked and seem to count in the cruel math of this (Mrs. ROBY asked and was given per- was given permission to address the merciless law. mission to address the House for 1 House for 1 minute and to revise and f minute and to revise and extend her re- extend his remarks.) marks.) Mr. CARTER of Georgia. Mr. Speak- PUT HEALTH CARE BACK IN THE Mrs. ROBY. Mr. Speaker, I am er, I rise today to urge my colleagues HANDS OF AMERICANS pleased that the House this week is to support resuscitating our healthcare (Mr. RICE of South Carolina asked taking action to bring much-needed ac- system. and was given permission to address countability and improvement to the ObamaCare is being crushed under its the House for 1 minute.) VA. own weight and the American Health Mr. RICE of South Carolina. Mr. Two and a half years ago, in the Care Act will deliver a better way for Speaker, 4 percent of the people of wake of the veterans waitlist scandal, health care. One of the greatest fail- South Carolina have individual policies Congress rightfully passed legislation ures of ObamaCare is that it forces under ObamaCare. I submit to you that giving the VA Secretary greater au- Americans into coverage that they do if you have a health insurance policy thority to fire senior managers respon- not want and that they cannot afford. that pays nothing, with a deductible so sible for those failures. I was glad to Our plan, instead, is designed to em- high that you can’t use it, regardless of support the bill. In fact, the director of power patients to access quality, af- the fact that statistics may say you our own scandal-ridden central Ala- fordable, and patient-centered health are covered, you are not covered. bama VA became the first fired under care. The American Health Care Act Sadly, that is what many of my con- the new law. will put the free market back into stituents back home in South Carolina But, Mr. Speaker, we all know that health care, giving Americans the free- are dealing with under ObamaCare. I law did not go far enough. Responsi- dom of choice. Instead of Washington have statement after statement from bility for failures at the VA doesn’t controlling the decisions of patients, folks in South Carolina that are being just lie with senior managers. We need we will empower them to make their horribly damaged by this law. They are to provide the VA Secretary increased own choices. faced with rising premiums, high authority to swiftly remove, demote, Americans deserve to have access to deductibles, and limited choice. or suspend any VA employee for poor quality, affordable, and patient-cen- In my State, premiums went up near- performance or misconduct. That is tered health care, and this is how we ly 30 percent last year. At one time, why I urge my colleagues to support intend to make this a reality. Remem- South Carolina had five different pro- the VA Accountability First Act. ber, this is the first phase of this mis- viders. Now there is only one, and they The problems at the VA may have sion to rescue our country’s health are threatening to pull out. left the front page for now, but the care, and I am committed to making What happens then? problems are still very present. The sure that it is not the last. By now it is clear that this law is not work of improving veterans’ access to Phase two is underway with adminis- helping South Carolinians the way it care is far from over, and I will not trative actions from our friend, Sec- was intended. But what I also want to stop until it is done. retary of Health and Human Services, make clear is Republicans have a plan f Dr. Tom Price. Leader MCCARTHY has to fix it. Our plan does a blanket repeal begun to lay out additional legislation of harmful ObamaCare taxes, like the WAR IS BEING DECLARED ON THE that we could not include in reconcili- individual and employer mandates. It GREAT LAKES ation. We will waste no time on this preserves patient protections so people (Mrs. DINGELL asked and was given and we will begin consideration next won’t be denied for preexisting condi- permission to address the House for 1 week. tions. It gives individuals and families

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.015 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2093 better control of their health care by ket convenient, but it often offers they know more about what is good for allowing them to spend their high-calorie foods with minimal nutri- the family and the children of my peo- healthcare dollars as they see fit. tional value. These foods can often be a ple than they do? Simply put, our plan moves us from staple for families with limited re- That was a question that was asked an unsustainable path to a sustainable sources. of me by a constituent this weekend. one. It is my hope that we can increase What makes you think you know bet- f access to fresh food for communities ter what is best for my family and my throughout the country. Our families children than I do? SKINNY BUDGET deserve no less. He was referring to the Affordable (Mr. EVANS asked and was given I look forward to working with the Care Act. permission to address the House for 1 Agriculture Nutrition Subcommittee He went on to tell me that he used to minute.) to continue to look at the SNAP pro- have an insurance policy that cost $300 Mr. EVANS. Mr. Speaker, this morn- gram so that it serves those it is in- a month that he could use. Today, he is ing, President Trump has released the tended to serve. paying $1,600 a month for something he first budget proposal of his administra- f cannot use and he doesn’t want, but by tion. the force of law, he is forced to have. JANUARY TRADE DEFICIT In reading through the budget pro- He went on to say: Will you please, posal, I am reminded of what President (Ms. KAPTUR asked and was given please do something now to fix this Trump said in the summer when he was permission to address the House for 1 problem? speaking to the African-American com- minute.) Another person said: Are you going munity in a rally in Philadelphia. Ms. KAPTUR. Mr. Speaker, the Com- to be able to get to a reform to fix He said: What do you have to lose? merce Department just announced that America’s health care that you like? This is what we have to lose: elimi- America’s trade deficit for January My answer was no. nating the Department of Housing and 2017 was $48.5 billion, the largest We are not going to get to something Urban Development’s Community De- monthly deficit since March 2012. That I like, but that is not the issue here. velopment Block Grant program, translates into more lost jobs in our Why? Because America is not ready for whose sole purpose is to combat pov- country. what I want. That is true Federalism, erty nationwide. In the campaign, President Trump that this place has nothing to do with This is what we have to lose: cutting criticized our trade deals. He promised health care. funding for Head Start and before- and to do better for American workers. And We can’t get there right now because after-school programs for our kids does now, nearly 2 months into his Presi- we don’t have the votes, but we can get not give them a chance to get ahead. dency, what action has he taken to to something we need. I call upon my This is what we have to lose: strip- stop the erosion of this deficit and the brothers and sisters in the House: Let’s ping funding for Medicaid in your new jobs that go with them? fix America’s healthcare system. We healthcare law that provides critical It continues to get worse. have the opportunity to do it now. services for our most vulnerable. What hope can he give to the hun- f This is what we have to lose: all of dreds and hundreds more steelworkers those cuts do not give our seniors, our in Lorain, Ohio, who just received pink b 1230 children, and our working families a slips over the weekend due to the per- COMMEMORATING THE TRANSFER chance to get ahead. manent closure of another steel line, OF THE U.S. VIRGIN ISLANDS Our communities have too much to due to Chinese imports and predatory FROM DENMARK TO THE UNITED lose, Mr. President. Our communities trade practice? STATES need the opportunity to make crucial It is going to put a lot of steel- investments that make our neighbor- workers back to work, President (Ms. PLASKETT asked and was given hoods stronger block by block. Trump said during the campaign and permission to address the House for 1 f after as he revived the Keystone and minute and to revise and extend her re- Dakota Access pipelines. But his talk marks.) WE MUST IMPROVE FOOD ACCESS turned out to be empty and a pipe Ms. PLASKETT. Mr. Speaker, later (Mr. THOMPSON of Pennsylvania dream because the pipes have already today, I intend to reintroduce a resolu- asked and was given permission to ad- been purchased from foreign sources. tion commemorating the transfer of dress the House for 1 minute and to re- Next month, China’s President, Xi the U.S. Virgin Islands from Denmark vise and extend his remarks.) Jinping, will visit President Trump at to the United States. In that resolu- Mr. THOMPSON of Pennsylvania. Mar-a-Lago in Florida. President tion, it discusses the 1733 slave revolt, Mr. Speaker, a healthy diet for many Trump talked tough on China through- the first slave revolt in the Western Americans may have nothing to do out the campaign, but what will he do Hemisphere; the 1848 slave rebellion with commitment, but, rather, accessi- to reform Chinese trade practices that and emancipation, 17 years before the bility. are resulting in these increasing trade United States; and, of course, the 1917 Limited access to supermarkets and deficits? transfer of ownership of the Virgin Is- grocery stores with fresh nutritional Mr. Speaker, I hope our President be- lands from Denmark to the U.S. food can be a challenge in both rural gins to keep the long list of campaign We also discussed great Virgin Is- and urban communities. These are promises that he made to working peo- landers, such as Alton Adams, Edward often called food deserts. ple across this country, reverses these Blyden, Camille Pissarro, Judah Ben- This is a particular concern for the deficits, and starts increasing good jobs jamin, and Roy Innis. Supplemental Nutrition Assistance again. What does the transfer mean, and Program, or SNAP, which intends to f what have been the gains and benefits provide nutrition to millions of Ameri- to the people of the Virgin Islands be- cans. LET’S FIX AMERICA’S cause of the purchase by the United According to the USDA, to qualify as HEALTHCARE SYSTEM States? The Americans were able to re- a low-access community, at least 500 (Mr. LOUDERMILK asked and was ceive a pristine, geopolitically stra- people and/or at least 33 percent of the given permission to address the House tegic location in the Caribbean with a population must reside more than 1 for 1 minute and to revise and extend people who are loyal to and proud of mile from a supermarket or large gro- his remarks.) this country. cery store. For rural areas, the dis- Mr. LOUDERMILK. Mr. Speaker, What has been given to the Virgin Is- tance is more than 10 miles. whatever possessed someone to think landers, a people willing and eager to It is difficult to eat healthy when the that a faceless, nameless bureaucrat in take on the responsibilities of that easiest store to get to primarily pro- an ivory tower in Washington, D.C., citizenship but who, in fact, have vides packaged and processed food. who has never been to my district, who moved from a system of serfdom, under SNAP recipients may find a local mar- has never met with the people, think Danish rule, to second-class, limited

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.017 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2094 CONGRESSIONAL RECORD — HOUSE March 16, 2017 privileged citizenship by the United was one of them. Under the ACA, there to the bill or to the amendment in the na- States? has been a 25 percent average increase ture of a substitute made in order as original We need to take this time in this cen- in premiums for the midlevel plans in text. The previous question shall be consid- ered as ordered on the bill and amendments tennial transfer year to look at what 2017 for millions of Americans trapped thereto to final passage without intervening have been the gains and for the U.S. to in the healthcare.gov exchanges. Near- motion except one motion to recommit with make a more perfect Union by more ly one-third of U.S. counties have only or without instructions. perfect citizenship and more inclusion one insurer offering an exchange plan. SEC. 2. At any time after adoption of this of the U.S. Virgin Islands into the ObamaCare is unsustainable. Mr. resolution the Speaker may, pursuant to United States. Speaker, it is time for Congress to do clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole f its job and replace the failed House on the state of the Union for consider- ObamaCare. We guarantee we will read STOP MILITARIZING LAW ation of the bill (H.R. 1367) to improve the this bill before we pass it. ENFORCEMENT authority of the Secretary of Veterans Af- f fairs to hire and retain physicians and other (Mr. JOHNSON of Georgia asked and employees of the Department of Veterans Af- was given permission to address the PROVIDING FOR CONSIDERATION fairs, and for other purposes. The first read- House for 1 minute and to revise and OF H.R. 1259, VA ACCOUNT- ing of the bill shall be dispensed with. All extend his remarks.) ABILITY FIRST ACT OF 2017; PRO- points of order against consideration of the bill are waived. General debate shall be con- Mr. JOHNSON of Georgia. Mr. Speak- VIDING FOR CONSIDERATION OF H.R. 1367, IMPROVING AUTHORITY fined to the bill and shall not exceed one er, for nearly three decades, State and hour equally divided and controlled by the local law enforcement agencies across OF SECRETARY OF VETERANS chair and ranking minority member of the America have been flooded with sur- AFFAIRS TO HIRE AND RETAIN Committee on Veterans’ Affairs. After gen- plus military-grade weaponry through PHYSICIANS AND OTHER EM- eral debate the bill shall be considered for the Pentagon’s 1033 program. PLOYEES; AND PROVIDING FOR amendment under the five-minute rule. It Late last year, law enforcement in CONSIDERATION OF H.R. 1181, shall be in order to consider as an original bill for the purpose of amendment under the North Dakota responded to protesters VETERANS 2ND AMENDMENT PROTECTION ACT five-minute rule an amendment in the na- in Standing Rock in a well-docu- ture of a substitute consisting of the text of mented, militarized fashion, reminding Mr. BUCK. Mr. Speaker, by direction Rules Committee Print 115-6. That amend- us of the danger which the use of mili- of the Committee on Rules, I call up ment in the nature of a substitute shall be tary equipment by domestic law en- House Resolution 198 and ask for its considered as read. All points of order forcement poses to the civil liberties of immediate consideration. against that amendment in the nature of a Americans. The Clerk read the resolution, as fol- substitute are waived. No amendment to that amendment in the nature of a sub- During the elections, President lows: stitute shall be in order except those printed Trump ran on a promise to restore H. RES. 198 in part B of the report of the Committee on ‘‘law and order.’’ I am deeply concerned Resolved, That at any time after adoption Rules accompanying this resolution. Each that the administration will follow up of this resolution the Speaker may, pursuant such amendment may be offered only in the on that promise by making more mili- to clause 2(b) of rule XVIII, declare the order printed in the report, may be offered tary equipment available to State and House resolved into the Committee of the only by a Member designated in the report, local law enforcement agencies. This Whole House on the state of the Union for shall be considered as read, shall be debat- consideration of the bill (H.R. 1259) to amend able for the time specified in the report would further blur the line between the equally divided and controlled by the pro- military and civilian police officers title 38, United States Code, to provide for the removal or demotion of employees of the ponent and an opponent, shall not be subject and violate a founding principle of our Department of Veterans Affairs based on per- to amendment, and shall not be subject to a Nation. formance or misconduct, and for other pur- demand for division of the question in the For this reason, I am, today, reintro- poses. The first reading of the bill shall be House or in the Committee of the Whole. All ducing the bipartisan Stop Militarizing dispensed with. All points of order against points of order against such amendments are Law Enforcement Act to rein in the consideration of the bill are waived. General waived. At the conclusion of consideration of Pentagon’s excess property manage- debate shall be confined to the bill and shall the bill for amendment the Committee shall not exceed one hour equally divided and con- rise and report the bill to the House with ment program and ensure that our such amendments as may have been adopted. communities are not just safe, but that trolled by the chair and ranking minority member of the Committee on Veterans’ Af- Any Member may demand a separate vote in the civil liberties of ordinary Ameri- fairs. After general debate the bill shall be the House on any amendment adopted in the cans continue to be protected. considered for amendment under the five- Committee of the Whole to the bill or to the f minute rule. It shall be in order to consider amendment in the nature of a substitute as an original bill for the purpose of amend- made in order as original text. The previous IT IS CRUCIAL TO REPEAL AND ment under the five-minute rule an amend- question shall be considered as ordered on REPLACE AFFORDABLE CARE ACT ment in the nature of a substitute consisting the bill and amendments thereto to final of the text of Rules Committee Print 115-7. passage without intervening motion except (Mr. YOHO asked and was given per- one motion to recommit with or without in- mission to address the House for 1 That amendment in the nature of a sub- stitute shall be considered as read. All points structions. minute and to revise and extend his re- SEC. 3. Upon adoption of this resolution it of order against that amendment in the na- shall be in order to consider in the House the marks.) ture of a substitute are waived. No amend- Mr. YOHO. Mr. Speaker, I rise today bill (H.R. 1181) to amend title 38, United ment to that amendment in the nature of a States Code, to clarify the conditions under to voice my concern about how crucial substitute shall be in order except those it is that we repeal and replace the which certain persons may be treated as ad- printed in part A of the report of the Com- judicated mentally incompetent for certain poorly named Affordable Care Act. mittee on Rules accompanying this resolu- purposes. All points of order against consid- We are working towards a better tion. Each such amendment may be offered eration of the bill are waived. The bill shall healthcare plan and doing it in a better only in the order printed in the report, may be considered as read. All points of order fashion than the other side did 8 years be offered only by a Member designated in against provisions in the bill are waived. The ago. We are actually going through the report, shall be considered as read, shall previous question shall be considered as or- be debatable for the time specified in the re- dered on the bill and on any amendment regular order, allowing the committees port equally divided and controlled by the of jurisdiction to do their work in pub- thereto to final passage without intervening proponent and an opponent, shall not be sub- motion except: (1) one hour of debate equally lic, and have the text for all to see and ject to amendment, and shall not be subject divided and controlled by the chair and rank- debate. to a demand for division of the question in ing minority member of the Committee on Mr. Speaker, ObamaCare is failing the House or in the Committee of the Whole. Veterans’ Affairs; and (2) one motion to re- and will collapse on its own. Many All points of order against such amendments commit. more will lose their insurance, and the are waived. At the conclusion of consider- The SPEAKER pro tempore. The gen- healthcare system will get drastically ation of the bill for amendment the Com- mittee shall rise and report the bill to the tleman from Colorado is recognized for worse if we simply leave it in place. House with such amendments as may have 1 hour. The worst thing we can do is nothing. been adopted. Any Member may demand a Mr. BUCK. Mr. Speaker, for the pur- 4.7 million Americans were kicked off separate vote in the House on any amend- pose of debate only, I yield the cus- their healthcare plans by the ACA. I ment adopted in the Committee of the Whole tomary 30 minutes to the gentleman

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.020 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2095 from Florida (Mr. HASTINGS), my Mr. Speaker, our veterans deserve an amendment that would fully lift the friend, pending which I yield myself the best. They deserve the best employ- hiring freeze, but the Rules Committee such time as I may consume. During ees. They deserve the best medical blocked this amendment as well from consideration of this resolution, all staff. That is what the third bill under receiving a vote on the House floor. I time yielded is for the purpose of de- consideration, H.R. 1367, will achieve. remain disheartened at the way the bate only. This legislation improves the VA’s majority continues to operate the busi- GENERAL LEAVE ability to recruit the best medical ness of the House of Representatives. Mr. BUCK. Mr. Speaker, I ask unani- staff, offering the agency direct hiring The bipartisanship this bill enjoys mous consent that all Members have 5 authority to fill key positions with dissipates when we move to another legislative days to revise and extend critical staffing needs. bill wrapped in today’s three-rule their remarks. It also creates a fellowship program measure, and that is H.R. 1181, the Vet- The SPEAKER pro tempore. Is there to train up VA management for the erans 2nd Amendment Protection Act. objection to the request of the gen- best performance. It is time to improve Before I launch into all of my remarks tleman from Colorado? the personnel practices at the Veterans regarding this, I want to make it very There was no objection. Administration. clear that I and most Members of the Mr. BUCK. Mr. Speaker, I rise today Mr. Speaker, the resolution on the House of Representatives will do every- in support of the rule and the under- floor today is vital for our Nation’s thing we can to protect the Second lying legislation. veterans. Their constitutional rights Amendment rights of U.S. citizens and Our veterans have paid a high price. and their well-being stand in the bal- veterans especially. Dispatched to foreign lands to fight for ance. This legislation, however, if enacted, our freedom, many returned injured, Mr. Speaker, I reserve the balance of would immediately enable approxi- grief-stricken over lost friends, and my time. mately 174,000 veterans currently torn apart by the violence of war. Mr. HASTINGS. Mr. Speaker, I yield deemed mentally unfit by the VA to We owe them our time, our energy, myself such time as I may consume. purchase firearms. At its core, this bill our gratitude, and our protection. That I thank the gentleman, my friend assumes that all veterans with mental is why we are here on the floor today: from Colorado, for yielding me the cus- illness should have unfettered access to to protect the constitutional rights of tomary 30 minutes for debate, and I guns, regardless of whether they will our heroes and to make sure we are rise to debate the rule providing for turn the weapon on themselves or their taking care of them like we promised consideration of the three bills related loved ones, and that any determination we would. H.R. 1181, the Veterans 2nd Amend- to the Department of Veterans Af- otherwise is simply wrong. The broadly ment Protection Act, ensures that gov- fairs—interestingly, all under one rule. reaching bill arbitrarily removes every ernment cannot strip our heroes of We have been doing two bills under one veteran flagged by the National In- their constitutional rights without due rule. We are now headed to three. I rec- stant Criminal Background Check Sys- process. Under current law, if the VA ommend we just put all of our bills tem from its rolls, literally putting determines that a veteran needs a under a rule and save us a lot of time. tens of thousands of lives at risk. guardian or fiduciary to help manage The first bill under today’s rule, to Let’s look at the facts. Under proce- their benefits, then that veteran’s improve the authority of the Secretary dures currently in place by the VA and name must be sent to the NICS data- of Veterans Affairs to hire and retain the Department of Justice, an indi- base, prohibiting them from purchasing physicians and other employees of the vidual who lacks the mental capacity a firearm. Department of Veterans Affairs, the bi- to contract or to manage his or her The decision to strip any constitu- partisanship reflected in this bill is own affairs can be prevented from pur- tional right from anyone, most impor- certainly a rarity in this body and, chasing a gun. This term applies to tantly our veterans who have put their frankly, could have easily come before veterans with severe mental illnesses lives on the line to defend our Con- us under the suspension of the rules. who require a fiduciary to help manage stitution, needs to be made with due There are nearly 47,000 job vacancies their VA benefits. If the veteran thinks process. The VA was never designed to for doctors, nurses, and other medical there was an error or that he or she adjudicate the removal of constitu- professionals throughout the Veterans was unfairly disqualified, the veteran tional rights. This decision should be Administration’s healthcare system. can utilize the same due process and made by a judge or judicial authority. The VA is consistently rated as one of appeals procedures that are available Instead of stripping veterans of con- the worst Federal agencies in terms of for other VA decisions. stitutional rights, our VA should be fo- pay and leadership, and since 2009, the Under the current process, which was cused on protecting veterans. That is number of VA employees resigning or codified in the 21st Century Cures Act exactly what the other two bills under retiring has risen every year. just a few months ago, the veteran is allowed a hearing before the Board of consideration do. b 1245 H.R. 1259 gives the Department of Veterans Appeals and given several op- Veterans Affairs greater ability to dis- As of the new year, 547,000 patients portunities for judicial review and ap- cipline employees for misconduct or were waiting more than 30 days for peal in Federal court. poor performance. care at a VA hospital. It is clear that Mr. Speaker, this bill turns this sen- We entrust our VA employees with we must act to improve the VA on a sible and humane approach on its head. the health and well-being of our vet- holistic level, and this bill is a good It is time that we acknowledge where erans. Most of these employees do a start. we are as a country. It is time that we great job, working hard to make sure This legislation establishes staffing, deal with the fact that we are in the our heroes are cared for; but, occasion- recruitment, and retention programs midst of a veterans’ suicide epidemic. ally, a VA employee engages in mis- to enable the VA to build a stronger Twenty veterans kill themselves every conduct, behavior that can endanger workforce. day. That is 7,300 of our finest and the very lives of our veterans. However, I am disappointed that the bravest persons in our society. Two- These men and women sacrificed to Rules Committee majority did not thirds of these suicides are carried out serve our Nation. The least we can do make in order an amendment that I of- using firearms. is enable them to receive the best care fered to this measure, which would A Department of Veterans Affairs re- possible at the VA. That is why we have allowed the Secretary of the VA port, provided to Congress in 2015, re- need H.R. 1259, to allow the VA, under to fill any existing vacant positions vealed that nearly 20,000 veterans diag- an expedited process, to fire or suspend within the Veterans Administration, nosed with schizophrenia, 15,000 diag- or demote employees who are putting regardless of whether the position was nosed with post-traumatic stress dis- our veterans at risk. vacated before or after the reckless order, and thousands more diagnosed The legislation also allows the VA to hiring freeze imposed by Donald John with dementia, Alzheimer’s, and seri- recoup the money paid in bonuses or Trump. ous depression were on the NICS rolls. relocation grants to employees con- I would also note that Representa- Under this bill, these individuals and victed of a felony. tives SCHRADER and MOULTON offered many more would be given immediate

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.022 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2096 CONGRESSIONAL RECORD — HOUSE March 16, 2017 access to guns, putting themselves and and remember that we had a chance to and Vietnam who became union mem- others in danger. stop it here. Don’t tell me, if 20 vet- bers and went on to do things for col- Even as our Nation suffers shooting erans are killing themselves every day lective bargaining that made workers’ after shooting, Congress has not acted. and if 7,000-plus of them are killing rights be better for people in America. Democrats held a sit-in in this very themselves every year—and we won’t And I don’t see tearing them down—let room in that well in this last Congress even mention domestic violence and alone in the VA administration—is to protest the callousness of the House the horror that comes from those something that we need to do. Republican leadership in preventing us guns—if we continue this effort, we Mr. Speaker, my friends on the other from even considering legislation to will allow more deaths along those side of the aisle know exactly where protect our citizens with reference to lines. their priorities lie with this bill, and it guns. Rather than act to address gun Before concluding, Mr. Speaker, I is certainly not with improving the violence, we instead considered legisla- want to say a few words about the final quality of care of our veterans, but tion like this, which will actually lead bill encompassed in this rule, H.R. 1259, rather in exploiting yet another oppor- to more gun violence, Mr. Speaker. The the VA Accountability First Act of tunity to attack the rights of working logic and lack of compassion in such an 2017, and the Republicans’ continued men and women across our country. approach absolutely escapes me. assault on the working people of this I reserve the balance of my time. Our country has witnessed horrific country. Mr. BUCK. Mr. Speaker, I yield my- shootings in the past few years. Dozens At its core, this bill is an attack on self such time as I may consume. of children were murdered at Sandy workers’ rights, plain and simple, and My friend from Florida and I were in Hook. Nearly 50 people were killed at will do more harm than good in our ef- committee yesterday and heard testi- the Pulse nightclub in Orlando. One of forts to improve care at the Veterans mony from one of our colleagues that our very own from this Congress was Administration. This legislation would this bill, as it pertains to veterans’ gun nearly assassinated while holding a strip the collective bargaining rights of rights, is not reactive. It does not go townhall event in 2011. We continue to VA workers. It weakens an employee’s back to those individuals who have ignore the ramifications of shootings right to appeal. It weakens protections been denied their due process rights, at Oak Creek, Aurora, Virginia Tech— for VA workers who speak up against who have been denied their Second I could go on and on—Charleston. The mismanagement and patient harm. Amendment rights. This bill is prospective only. It will list just continues. 32,000 Americans Republicans claim they want to help only affect those who in the future lose their lives every year from gun vi- fix our VA system, yet, with this bill, have been denied those rights. And I olence. they do that by insulting, under- We have grieved together. And I, mining, and attacking the very em- think it is absolutely important that along with several of my colleagues, ployees who serve and care for our vet- we understand the Republican Party in have stopped standing down here in the erans, including the over 120,000 vet- the House of Representatives is com- well for a moment of silence and then erans who work for the VA. Yesterday, mitted to make sure that those indi- going back to our regular business one of our colleagues presented at the viduals who have been denied their due after hundreds of our people are killed Rules Committee a statistic that I process rights, their Second Amend- throughout this society. We have de- didn’t know. Of the 2 million Federal ment rights in the past, we will find a manded change together, and we have employees in this great Nation of ours, solution. We will help those individ- been shocked by the paralysis that has 640,000 of them are veterans. So when uals. Right now, we are focused on making gripped this institution when it comes we get ready to pare back this govern- sure that others have the ability to a to taking commonsense steps to end ment that somehow or another people fair, open hearing where they can our country’s gun violence epidemic. have targeted for all sorts of cuts, if present their side of the story before Today, we see in this bill another you read today’s budget proposal by they are denied their constitutional measure coming out of Republican Donald John Trump, you will see that leadership that sprints toward the goal rights. lots of these veterans will be losing My friend and colleague from Florida set by this country’s powerful gun their jobs, in addition to all of the (Mr. HASTINGS) also talks about the lobby. Listen up, NRA, there are people things that we have already discussed. fact that H.R. 1259 will do more harm like me that aspire to have a zero rat- We need to make improvements at than good; that somehow disciplining ing by you every year. And it is not the VA. Everybody knows that. That is those who are delivering poor services just the gun lobbyists, it is gun manu- clear. But singling out VA employees to our veterans is unfair to unions. The facturers as well. It may be great for and their protections is counter- truth is that 35 percent of the VA’s the gun manufacturers’ bottom line productive, to say the least, and only workforce is made up of veterans. and the NRA’s bottom line, but it is compounds manpower shortages plagu- terrible for those brave men and ing the agency. b 1300 women who have served this country so This legislation will exacerbate re- But the fact is that veteran employ- fully, those brave men and women who cruitment problems and impair reten- ees believe employees that are not suffer wounds that may not be visible tion at the agency. It threatens the meeting acceptable standards for their to the naked eye, but are no less real agency’s ability to build a robust clin- fellow veterans should be removed, pe- and worthy of our attention. ical workforce by threatening the qual- riod, regardless of their service while With each new tragedy that occurs, ity of care that the VA will be able to on Active Duty. whether it be a mass shooting or the 20 provide. Are opponents of removing poor-per- servicemembers we lose every day to I don’t know what the pique is by my forming employees and those whose suicide, those who stand in the way of Republican colleagues with reference misconduct warrant removal saying legislation to address our country’s to workers in this country. They talk a that a veteran employee who cannot do gun violence epidemic are increasingly very good game about protecting work- the job or is guilty of misconduct be culpable for its continuation. I am dis- ers and we are going to bring back jobs kept on the job? gusted with this morally bankrupt ob- and we are going to do all of these On the contrary, veterans know that fuscation, and I think the American things that are going to protect the the strictest accountability standards people are, too. middle class. apply to them during their military Let me lay down a marker. Of the I will get a chance to talk about this service, and millions of hardworking 435, plus six Members of the House of a little bit more, but I am very proud Americans in the private sector do not Representatives and the 100 U.S. Sen- of the unions in this Nation. They are enjoy anything close to the protections ators, I want to see the first person the unions that people like my father enjoyed by Federal employees. when this measure goes into effect, if it and countless of us who served in the The only employees who need to be does, and 174,000 veterans are taken off House of Representatives worked in concerned with reasonable reform that of the NICS rolls and can access guns, and helped build this Nation. They are would be made by this legislation are the first one that dies—and I hope we the people that our veterans from the those who aren’t doing their jobs on be- track it—I want everybody to stand up Second World War, the Korean conflict, half of the veterans who they serve.

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.023 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2097 Mr. Speaker, I yield 3 minutes to the not given a choice in our provider. We allowed—that their fiduciaries have de- gentleman from Florida (Mr. MAST). go there, and they look at a person like termined that their mental illness al- Mr. MAST. Mr. Speaker, I want to me and they say: Your last name is lows that they should not get a gun, I start by saying this. I was prompted to MAST. We are going to assign you to suggest to you and to anybody that say this by the remarks from my col- Alpha clinic. This is your provider, and those persons that have a gun—and I league from Florida just now. there is no choice. made the distinction. You evidently I believe that there is absolutely The veterans deserve nothing less didn’t hear that part either. I made the nothing that is common sense about than the kind of care and account- distinction about the Second Amend- preventing those who defend America ability that these bills endeavor to pro- ment and how much I support it and I from having the opportunity to defend vide. support veterans, and I support vet- themselves. There is no common sense The SPEAKER pro tempore. The erans’ rights to defend themselves. But in that whatsoever. time of the gentleman has expired. I don’t support crazy people having I listened to your emotional remarks Mr. BUCK. Mr. Speaker, I yield the guns, whether they are veterans or not, here, and I listened as you gave zero gentleman an additional 2 minutes. and it is just that simple. specifics on the mental illness that my Mr. MAST. Mr. Speaker, I encourage The SPEAKER pro tempore. Mem- colleague specifically talked about my colleagues to vote for this rule and bers of both sides of the aisle are re- being worried about. to bring each of these bills to the floor. minded to address their remarks to the Specifically, what mental illnesses is Mr. HASTINGS. Mr. Speaker, I yield Chair. it that had you concerned? myself such time as I may consume. Mr. HASTINGS. Mr. Speaker, I yield I would encourage you to have the I have great respect for my colleague 21⁄2 minutes to the gentleman from courage to be specific and say exactly whose district abuts a portion of my California (Mr. TAKANO), the vice chair what it is that you mean so that there district in Florida. I want to make it of the Veterans’ Affairs Committee. is no confusion. very clear that it is important to listen Now, the true intent of my remarks to what a person says. My colleague Mr. TAKANO. Mr. Speaker, I thank today are to talk about my favorite just commented that I did not offer the the gentleman from Florida for yield- part of going to the VA, and that is sit- specifics with reference to persons who ing me time. ting next to my fellow veterans when I suffered some form of mental illness; Mr. Speaker, I rise in opposition to sit down at one of the clinics at my and he said that, in my passionate re- the rule. In its current form, H.R. 1181 local VA hospital. Whether it is a ma- marks, I failed to provide those spe- would endanger veterans in crisis and rine from Iraq, whether it is a sailor cifics. serve as another obstacle to addressing from World War II, a soldier from Viet- Let me go back and read you my re- the crisis of veteran suicide. nam, an airman from Korea, whenever marks again. A Department of Vet- We had hoped to introduce amend- we sit down next to each other, there is erans Affairs report provided to Con- ments which would protect veterans’ a camaraderie that exists immediately. gress in 2015 revealed that nearly 20,000 rights while ensuring their safety. By One of the first things that is said is veterans diagnosed with schizophrenia, bringing this bill to the floor under a usually some sort of off-topic joke 15,000 diagnosed with post-traumatic closed rule, the majority has prevented about the branch that the other person stress disorder, and thousands more di- us from doing so, from considering comes from. It is that camaraderie of agnosed with dementia, Alzheimer’s, other possibilities to come together in shared service that unites us in a way and serious depression. a bipartisan fashion. that half a century of age can’t divide. Is that specific enough for you, or do There are changes that could be I can tell you, we have common experi- I need to add additional reasons? made to this legislation to ensure that ences, and we have common healthcare Evidently my colleague didn’t hear it is good public policy. For instance, challenges as well. that. we could consider a streamlined ap- It is important for veterans to come Mr. MAST. Will the gentleman yield? peals process that would allow veterans together and for the VA to establish Mr. HASTINGS. I yield to the gen- erroneously flagged by the background and maintain expertise in providing for tleman from Florida. check system to have their status our unique healthcare needs. Unfortu- Mr. MAST. I appreciate that. When I changed. nately, too many VA facilities have get to speaking about the specifics of I do acknowledge the concern of the lost their hunger to provide care. They this matter—and you used a very gentleman from Florida that people have lost the passion to meet the indi- broad, general term, like the term with PTSD on this list may have been vidual needs of veterans, and it has be- ‘‘post-traumatic stress disorder.’’ That inappropriately flagged to be on this come way too much of a rarity that a is something that is, unfortunately, list, and we could have discussed a veteran’s needs are truly met when layered upon nearly every veteran that streamlined process. We could conduct they enter the VA facility. exits service today. So to go out there a study of the VA’s existing practices You cobble that together with and have this ability to put people into for submitting records of veterans to enough bad experiences from underper- this NICS, who have this sort of label the background check system. forming employees, and it forces vet- placed upon them, that is exactly the erans to ask: Where else can I go for crux of this that I am getting to that is But rather than subject that whole my care? not specific enough. It does not point list to being dismantled and freeing That is why I am excited to see the to what is specifically an issue that people that should not be free to have House bring forward two bills this anybody is facing. weapons—crazy people from having week that get at the crux of the mat- Mr. HASTINGS. Reclaiming my weapons—at the very least, we should ter: authority to hire the best employ- time, is schizophrenia one of those understand the impact this change ees and the ability to remove underper- things that isn’t specific enough for would have on veteran suicide, as Ms. forming employees. you? ESTY suggested when she tried to offer Today we will debate the VA Ac- Mr. MAST. If the gentleman would an amendment to the Rules Committee countability First Act. We will provide yield, that is certainly an issue that we last night to require a study into the the VA Secretary the flexibility to ei- can point to. But when you talk about number of veterans who have com- ther remove, demote, or suspend an post-traumatic stress and so many mitted suicide by firearm, who should employee for misconduct. It can be other issues that are diagnosed by the have been prevented from accessing a very little that is more important to Department of Veterans Affairs—— firearm under current policies. go on at the VA. Mr. HASTINGS. Reclaiming my I do wish, Mr. Speaker, to dispute the Tomorrow we will debate H.R. 1367 time, that is what you should have said gentleman from Colorado’s contention that will bolster the Secretary’s situa- rather than say that I didn’t offer spe- that this is only about going forward, tional awareness to recruit and retain cifics, and I just want to make that that it affects going forward. I main- the very best employees. very clear to you. tain there is considerable concern that You know, when a veteran like my- I don’t think that people with diag- this will affect those that exist on the self or my peers goes to the VA, we are nosis of schizophrenia, that have been list currently.

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.025 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2098 CONGRESSIONAL RECORD — HOUSE March 16, 2017 These are sensible ideas that I of- associated with a life that is sur- dicate this. Don’t give just simple fered, that we could have considered in- rounded by death. That is certainly the carte blanche to say: We are going to stead of being forced to vote on the leg- truth. take this away, and then, oh, by the islation we have now. We could come But to say for one moment that that way, go fix it yourself. together under unanimity to solve this is something that allows the term I said yesterday in the Rules Com- issue. ‘‘crazy’’ to be layered upon any one of mittee: I am still in the Air Force. I But under this rule, we are forced to these heroes that goes out there and am an attorney and a chaplain. I vote only on legislation that would serves in defense of this country, that served in Iraq. I have delivered these make veterans and their communities goes out there and has the willingness death notifications. I have counseled less safe. Accordingly, I call on my col- to have their uniform stained with the those who have called saying: I don’t leagues to oppose this rule. blood of their friends, I find that to be find a reason to live, Chaplain. Mr. BUCK. Mr. Speaker, I yield my- a disgusting use of that word. I resent When we begin to throw around self such time as I may consume. the fact that it has been done, Mr. loosely these terms as we did yesterday My friend from Florida talked about Speaker, and I would respectfully ask in committee, when we send letters the specificity that he used in describ- that there be an apology made to those that say: if you vote for this, then you ing the conditions of these veterans, that put on the uniform and go out and are actually making it free and easi- but that is not what the rule says. defend this country on behalf of every er—I think was the wording—to get What the rule says, Mr. Speaker, is single American. guns to veterans. This is why this prob- that if someone—if a veteran needs a Mr. HASTINGS. Mr. Speaker, I would lem breaks down. This is why we use fiduciary, they will be denied the abil- urge my friend from Colorado to know veterans as pawns. If you are against ity to own, possess, purchase a firearm. that I have no additional speakers and this, vote ‘‘no,’’ but don’t use the cover It doesn’t say if they are schizophrenic. I am prepared to close if he is prepared of saying that you are helping people It doesn’t say if they have PTSD. It to close. on suicide. Get to the issues. doesn’t say if they have depression, and Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The if they have PTSD or depression that is my time. time of the gentleman has expired. somehow linked to further violent be- Mr. BUCK. Mr. Speaker, may I in- Mr. BUCK. Mr. Speaker, I yield the havior. It doesn’t say that. quire how much time I have remain- gentleman an additional 2 minutes. What it says is, if you can’t balance ing? Mr. COLLINS of Georgia. When we your bank account, you can’t have a The SPEAKER pro tempore. The gen- understand this, I understand the dis- gun to protect yourself. There is no re- tleman from Colorado has 173⁄4 minutes cussions, and I understand the issues lationship between those two. remaining. we have here, but not with this. Make Now, if the gentleman from Florida Mr. BUCK. Mr. Speaker, I yield 2 your vote. But don’t cloak it. Don’t would go to the Veterans Administra- minutes to my friend from Georgia call it crazy people. tion and talk to them about the need (Mr. COLLINS). Congressman MAST, that ain’t what to link that finding of a fiduciary with they are. 1315 future violent behavior, we may not be b They are hurting. They need help. If here today. Mr. COLLINS of Georgia. Mr. Speak- this is an impediment to that, then But so many people have been er, I appreciate my colleague from the vote ‘‘yes.’’ If you want to vote ‘‘no,’’ trapped in this overbroad rule that we Rules Committee yielding me time. fine, vote ‘‘no.’’ But at least get the are going to make sure that those peo- I can’t be in any more agreement issue right. ple that have a fiduciary and are listed with my friend from Florida just now. The issue is that the Veterans Affairs by the VA have a due process right to We talked about this actually in the is saying: We are going to take your show that they are nonviolent; that Rules Committee yesterday. If you constitutional right away without ad- they don’t have a propensity to com- look at the actual language in the rule, judication and make you do it on your mit a crime with a weapon; that they it gets down to the fact that you are own because we have an opinion about are not a harm to themselves or to oth- adjudicated a mental defective. That is this that we think could happen be- ers. language that has to be stopped in this. cause you have got a fiduciary, you And if the VA or an independent judi- I know my friend from the Rules Com- can’t do it on your own. cial officer finds that they are, then mittee, and we serve on Judiciary to- When we understand what is really at yes, list them on the NICS report, but gether, we are going to actually look the heart of this, I would encourage all give them that due process right. That into this. Because if we really want to to say: you know, the veterans, you is where the majority believes this rule start talking about veterans and sui- just overstepped your bounds here. We created during the Clinton administra- cide, then we need to start addressing are going to put this back where it tion and by the Veterans Administra- it head-on in real terms and in real needs to be, and then we are going to tion falls. ways with the issues that they face and get on to the real issues of veterans Mr. Speaker, I yield 2 minutes to the not simply saying that we are going to who are needing help. gentleman from Florida (Mr. MAST). take a right away. I know my Florida appreciates that. Mr. MAST. Mr. Speaker, I take issue It is amazing to me that we are dis- We have talked about it before. These with a term that was thrown around cussing this issue. What about the veterans need help. Our VA needs help. far too loosely twice in just the last other amendments? Well, we are just Our hospitals need help. The money couple of minutes by my colleagues going to do the Second Amendment. and time that are spent to help these from the other side of the aisle here In fact, what is happening right now folks when they come back—they are where each of them used the term among many, and for those who need not crazy, they are not defective. They ‘‘crazy.’’ They used the term ‘‘crazy’’ to understand this, many of our VA are just people who have been through twice. I take serious issue with that. colleagues who want to go to the Vet- a tough time, and they need a little This is the reality: our servicemem- erans Administration, have stopped kindness, compassion, and help. bers that endeavor onto the battlefield, going. If we want to actually worry They are not broken. I broke my leg. they face snipers that are targeting about some of this stuff that they are I stepped on a piece of glass, and I cut them. They face mortars being dropped worrying about with their mental my achilles. That is what happened to on their head. They face improvised ex- health, then we need to take impedi- me. But if my mind—everybody said: plosive devices like the ones that took ments away from them getting help, to Your cast looks interesting. Nobody my legs and so many of my friends. let them know that just because they talks about it, though, if I came home There are aviators that fly beyond the have problems that they can’t process, to say: I am depressed. I have an issue. lines of our enemy. They face the getting help from the VA is something We start backing away. We have got threat of being shot down or captured. that should not be predicated on a fidu- to break that in our country. Mental There are marines, there are sailors. ciary or somebody helping them. health has got to be a priority—this— And all of us—you know, the reality is If they have got real issues, then fol- to be against this and claim what we we do come home with demons that are low the law. Follow the law. Adju- are claiming here on the floor is wrong.

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.026 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2099 Mr. HASTINGS. Mr. Speaker, I yield plan recently put forth by Republicans hiring freeze. They include social myself such time as I may consume. that will raise the number of uninsured worker, science lab technician, prac- Mr. Speaker, my friend that sits on in this country to 24 million in under tical nurse, nursing assistant, dieti- the Rules Committee, my colleague 10 years. This includes 14 million folks cian, nutritionist, occupational thera- from Georgia, correctly speaks to this being unceremoniously kicked off of pist, on and on and on. And the need issue and its need to go to the Judici- Medicaid and 7 million Americans for the amendment that the gentleman ary Committee or other committees to kicked off of the health insurance presents is unnecessary. ensure that veterans have the appro- plans they receive through their em- I would also like to talk very briefly priate adjudication. ployers. about the gentleman’s argument that I don’t know where he or my col- This is a plan that will increase pre- somehow those at the Veterans Admin- league from Florida would place schiz- miums for individual policyholders by istration are being harmed, and we are ophrenia. I am not a mental health ex- up to 29 percent. This is a plan that attacking a union in some way rather pert, but I have spent a good portion of will increase, particularly for older than trying to deal with real situations my career here in Congress dealing Americans, out-of-pocket healthcare and improving the quality of care at with issues and trying to address issues expenses. the VA. of mental health, be it veterans or not. Mr. Speaker, in the final analysis, I want to give a few examples of VA Mr. Speaker, if we defeat the pre- this is no plan at all but rather a employees and just the time that it vious question, I am going to offer an shameful and cynical massive give- took to remove people. A VA employee amendment to the rule to bring up away to the ultrawealthy at the ex- was a willing participant in an armed H.R. 696, Representative SCHRADER’s pense of the middle class that will re- robbery several years ago, and after a bill to exempt the Department of Vet- sult in hardworking Americans paying lengthy legal and administrative battle erans Affairs from Donald John far more for far, far less. where the employee was supported by Trump’s hiring freeze. As we have al- Mr. Speaker, I have been in this in- the Public Employees Union, the em- ready discussed, my amendment to stitution 25 years, and I have been on ployee was reinstated in their previous allow the VA Secretary to fill vacant this Earth 80 years. I have seen an position without any discipline. positions, regardless of whether they awful lot of trauma during that period A VA nurse showed up to work in- were vacated before or after the hiring of time. I served as a State court judge toxicated and participated in a vet- freeze, was blocked last night in the and had the responsibility of Baker eran’s surgery while under the influ- Rules Committee. Acting—it is called in Florida—people ence of alcohol. Although the employee There are nearly 47,000 vacant posi- to mental institutions. I have estab- eventually resigned, to date, no other tions within the VA, and we should not lished fiduciaries for people who were employees were disciplined for allow- be limiting the VA’s authority to fill unable to take care of themselves. I ing the employee to participate in the these positions, especially as we con- worked actively when we had mental veteran’s surgery. tinue to work towards reducing patient health hospitals to keep those mental In 2013, a vocational rehab specialist wait times. health hospitals open. out of the Central Alabama Veterans On a bipartisan basis, Members of I would say to you, Mr. Speaker, so Health Care System crashed a govern- both the House and Senate have re- that you can say to the gentleman who ment car, and a passenger ended up quested that the VA be exempt from asked that I apologize, that I apologize dying. He was later indicted for a DUI. the hiring freeze. Mr. Speaker, this is for nothing having to do with any re- The VA confirmed that the employee commonsense legislation to ensure marks that I made within the confines was not removed from payroll until that the VA can recruit and hire quali- of what is allowed in this institution. January of this year—almost 4 years. fied staff to meet the needs of our vet- The simple fact of the matter is I used In 2014, a VA employee at the Central erans. the term ‘‘crazy,’’ and I had reference Alabama Veterans Health Care System Mr. Speaker, I ask unanimous con- to schizophrenia. Now, it may very took a veteran who was a recovering sent to insert the text of my amend- well be that these are not broken peo- drug addict to a crack house where he ment in the RECORD, along with extra- ple, it is that they are brave people purchased illegal drugs for the veteran, neous material, immediately prior to who came home with problems. But as well as purchased a prostitute for the vote on the previous question. crazy is crazy, and I would say that him, though the employee was still em- The SPEAKER pro tempore. Is there until the day I die. ployed at the VA well over a year later objection to the request of the gen- Mr. Speaker, I yield back the balance after the incident until they were fi- tleman from Florida? of my time. nally able to remove him. There was no objection. Mr. BUCK. Mr. Speaker, I yield my- Mr. Speaker, I ask my colleagues to Mr. HASTINGS. Mr. Speaker, at the self such time as I may consume. stand up now for our veterans. They end of the day, we are gathered here, Mr. Speaker, I want to draw your at- have performed their duty, and it is once again, to debate the same old, tention and the attention of my col- time for us to perform for them. tired, irresponsible, and morally bank- league from Florida to a letter dated Our duty is to take care of them. A rupt policies championed by my friends January 26, 2017, from the chairman of ‘‘yes’’ vote restores their Constitu- across the aisle, policies that will, the Committee on Veterans’ Affairs, tional rights and improves their qual- while we face a suicide epidemic among U.S. House of Representatives, Rep- ity of care. those servicemembers who have so resentative ROE, and the chairman of I ask my colleagues to vote ‘‘yes’’ on bravely served this country, make it the Committee on Veterans’ Affairs, this resolution, vote ‘‘yes’’ on the un- easier for them to take their own lives U.S. Senate, Chairman ISAKSON, to the derlying bill. I thank Chairman ROE by increasing their access to guns. President in which they asked for var- and Representative WENSTRUP for That may be good policy for the power- ious positions to be exempted from the bringing these bills before us. ful gun lobby and gun manufacturers, President’s executive order concerning The material previously referred to but it is horrendous policy for the a hiring freeze. by Mr. HASTINGS is as follows: American people. The next day, January 27, the Acting AN AMENDMENT TO H. RES. 198 OFFERED BY We have before us legislation that Secretary issued a memorandum under MR. HASTINGS will gut workers’ rights for VA employ- the authority of that Presidential At the end of the resolution, add the fol- ees while also making it easier to rep- memorandum, executive order, grant- lowing new sections: rimand those who are brave enough to ing the chairman’s request and exempt- SEC. 4. Immediately upon adoption of this speak out against the ills they see oc- ing various positions. resolution the Speaker shall, pursuant to curring at the VA—ills that have and I would exceed my time limitations, clause 2(b) of rule XVIII, declare the House will continue to undermine the quality Mr. Speaker, if I were to read all of resolved into the Committee of the Whole House on the state of the Union for consider- of service our veterans are able to re- these. But let me assure you there are ation of the bill (H.R. 696) to prohibit any ceive. dozens and dozens of positions at the hiring freeze from affecting the Department All of this moral ineptitude is set Veterans Administration that have of Veterans Affairs. All points of order against the backdrop of a healthcare been exempted from the President’s against consideration of the bill are waived.

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.028 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2100 CONGRESSIONAL RECORD — HOUSE March 16, 2017 General debate shall be confined to the bill In Deschler’s Procedure in the U.S. House PROVIDING FOR CONSIDERATION and shall not exceed one hour equally di- of Representatives, the subchapter titled OF H.R. 1259, VA ACCOUNT- vided and controlled by the chair and rank- ‘‘Amending Special Rules’’ states: ‘‘a refusal ABILITY FIRST ACT OF 2017; PRO- ing minority member of the Committee on to order the previous question on such a rule VIDING FOR CONSIDERATION OF Oversight and Government Reform. After [a special rule reported from the Committee general debate the bill shall be considered on Rules] opens the resolution to amend- H.R. 1367, IMPROVING AUTHORITY for amendment under the five-minute rule. ment and further debate.’’ (Chapter 21, sec- OF SECRETARY OF VETERANS All points of order against provisions in the tion 21.2) Section 21.3 continues: ‘‘Upon re- AFFAIRS TO HIRE AND RETAIN bill are waived. At the conclusion of consid- jection of the motion for the previous ques- PHYSICIANS AND OTHER EM- eration of the bill for amendment the Com- tion on a resolution reported from the Com- PLOYEES; AND PROVIDING FOR mittee shall rise and report the bill to the mittee on Rules, control shifts to the Mem- CONSIDERATION OF H.R. 1181, House with such amendments as may have ber leading the opposition to the previous VETERANS 2ND AMENDMENT been adopted. The previous question shall be question, who may offer a proper amendment PROTECTION ACT considered as ordered on the bill and amend- or motion and who controls the time for de- ments thereto to final passage without inter- bate thereon.’’ The SPEAKER pro tempore. The un- vening motion except one motion to recom- Clearly, the vote on the previous question finished business is the vote on order- mit with or without instructions. If the on a rule does have substantive policy impli- ing the previous question on the reso- Committee of the Whole rises and reports cations. It is one of the only available tools lution (H. Res. 198) providing for con- that it has come to no resolution on the bill, for those who oppose the Republican major- then on the next legislative day the House ity’s agenda and allows those with alter- sideration of the bill (H.R. 1259) to shall, immediately after the third daily native views the opportunity to offer an al- amend title 38, United States Code, to order of business under clause 1 of rule XIV, ternative plan. provide for the removal or demotion of resolve into the Committee of the Whole for Mr. BUCK. Mr. Speaker, I yield back employees of the Department of Vet- further consideration of the bill. the balance of my time, and I move the erans Affairs based on performance or SEC. 5. Clause 1(c) of rule XIX shall not misconduct, and for other purposes; apply to the consideration of H.R. 696. previous question on the resolution. The SPEAKER pro tempore. The providing for consideration of the bill (H.R. 1367) to improve the authority of THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous the Secretary of Veterans Affairs to IT REALLY MEANS question. hire and retain physicians and other This vote, the vote on whether to order the The question was taken; and the previous question on a special rule, is not Speaker pro tempore announced that employees of the Department of Vet- merely a procedural vote. A vote against or- the ayes appeared to have it. erans Affairs, and for other purposes; dering the previous question is a vote Mr. HASTINGS. Mr. Speaker, on that and providing for consideration of the against the Republican majority agenda and I demand the yeas and nays. bill (H.R. 1181) to amend title 38, a vote to allow the Democratic minority to The yeas and nays were ordered. United States Code, to clarify the con- offer an alternative plan. It is a vote about ditions under which certain persons what the House should be debating. The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, further pro- may be treated as adjudicated men- Mr. Clarence Cannon’s Precedents of the tally incompetent for certain purposes, House of Representatives (VI, 308–311), de- ceedings on this question will be post- scribes the vote on the previous question on poned. on which the yeas and nays were or- the rule as ‘‘a motion to direct or control the dered. consideration of the subject before the House f The Clerk read the title of the resolu- being made by the Member in charge.’’ To tion. defeat the previous question is to give the RECESS The SPEAKER pro tempore. The opposition a chance to decide the subject be- question is on ordering the previous The SPEAKER pro tempore. Pursu- fore the House. Cannon cites the Speaker’s question. ruling of January 13, 1920, to the effect that ant to clause 12(a) of rule I, the Chair The vote was taken by electronic de- ‘‘the refusal of the House to sustain the de- declares the House in recess for a pe- vice, and there were—yeas 227, nays mand for the previous question passes the riod of less than 15 minutes. 185, not voting 17, as follows: control of the resolution to the opposition’’ Accordingly (at 1 o’clock and 30 min- in order to offer an amendment. On March utes p.m.), the House stood in recess. [Roll No. 162] 15, 1909, a member of the majority party of- YEAS—227 fered a rule resolution. The House defeated the previous question and a member of the f Abraham Cole Gowdy opposition rose to a parliamentary inquiry, Aderholt Collins (GA) Granger b 1335 Allen Comer Graves (GA) asking who was entitled to recognition. Amash Comstock Graves (MO) Speaker Joseph G. Cannon (R–Illinois) said: Amodei Conaway Griffith ‘‘The previous question having been refused, AFTER RECESS Arrington Cook Grothman the gentleman from New York, Mr. Fitz- Babin Costello (PA) Guthrie gerald, who had asked the gentleman to The recess having expired, the House Bacon Cramer Harper yield to him for an amendment, is entitled to was called to order by the Speaker pro Banks (IN) Crawford Harris the first recognition.’’ tempore (Mr. BOST) at 1 o’clock and 35 Barletta Culberson Hartzler Barr Curbelo (FL) Hensarling The Republican majority may say ‘‘the minutes p.m. Barton Davidson Herrera Beutler vote on the previous question is simply a Bergman Denham Hice, Jody B. vote on whether to proceed to an immediate f Biggs Dent Higgins (LA) vote on adopting the resolution . . . [and] Bilirakis DeSantis Hill Bishop (MI) DesJarlais Holding has no substantive legislative or policy im- ANNOUNCEMENT BY THE SPEAKER plications whatsoever.’’ But that is not what Bishop (UT) Diaz-Balart Hollingsworth they have always said. Listen to the Repub- PRO TEMPORE Black Donovan Hudson Blackburn Duncan (SC) Huizenga lican Leadership Manual on the Legislative The SPEAKER pro tempore. Pursu- Blum Duncan (TN) Hultgren Process in the United States House of Rep- ant to clause 8 of rule XX, proceedings Bost Dunn Hunter resentatives, (6th edition, page 135). Here’s will resume on questions previously Brady (TX) Emmer Hurd how the Republicans describe the previous postponed. Brat Farenthold Issa question vote in their own manual: ‘‘Al- Bridenstine Faso Jenkins (KS) though it is generally not possible to amend Votes will be taken in the following Brooks (AL) Ferguson Jenkins (WV) the rule because the majority Member con- order: Brooks (IN) Fitzpatrick Johnson (LA) Ordering the previous question on Buchanan Fleischmann Johnson (OH) trolling the time will not yield for the pur- Buck Flores Johnson, Sam pose of offering an amendment, the same re- House Resolution 198; Bucshon Fortenberry Joyce (OH) sult may be achieved by voting down the pre- Adoption of House Resolution 198, if Budd Foxx Katko vious question on the rule.... When the ordered; and Burgess Franks (AZ) Kelly (MS) motion for the previous question is defeated, Byrne Frelinghuysen King (IA) Agreeing to the Speaker’s approval of Calvert Gaetz King (NY) control of the time passes to the Member the Journal. who led the opposition to ordering the pre- Carter (GA) Gallagher Kinzinger Carter (TX) Garrett Knight vious question. That Member, because he The first electronic vote will be con- ducted as a 15-minute vote. Remaining Chabot Gibbs Kustoff (TN) then controls the time, may offer an amend- Chaffetz Gohmert Labrador ment to the rule, or yield for the purpose of electronic votes will be conducted as 5- Cheney Goodlatte LaHood amendment.’’ minute votes. Coffman Gosar LaMalfa

VerDate Sep 11 2014 02:05 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.003 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2101 Lamborn Pearce Smith (NE) Tsongas Visclosky Watson Coleman Knight Olson Shuster Lance Perry Smith (NJ) Vargas Walz Welch Kustoff (TN) Palazzo Simpson Latta Pittenger Smith (TX) Veasey Wasserman Yarmuth Labrador Palmer Smith (MO) Lewis (MN) Poe (TX) Smucker Vela Schultz LaHood Paulsen Smith (NE) LoBiondo Poliquin Stefanik Vela´ zquez Waters, Maxine LaMalfa Pearce Smith (NJ) Long Posey Stewart NOT VOTING—17 Lamborn Perry Smith (TX) Loudermilk Ratcliffe Stivers Lance Pittenger Smucker Love Reed Taylor Collins (NY) Graves (LA) Rush Latta Poe (TX) Stefanik Lucas Reichert Tenney Davis, Danny Jordan Sinema Lewis (MN) Poliquin Stewart Luetkemeyer Renacci Thompson (PA) Davis, Rodney Kelly (PA) Slaughter LoBiondo Posey Stivers MacArthur Rice (SC) Deutch Marino Thornberry Walorski Long Ratcliffe Taylor Marchant Roby Duffy Payne Wilson (FL) Loudermilk Reed Tenney Marshall Roe (TN) Tiberi Fudge Roybal-Allard Love Reichert Thompson (PA) Massie Rogers (AL) Tipton Lucas Renacci Thornberry Mast Rogers (KY) Trott b 1358 Luetkemeyer Rice (SC) Tiberi McCarthy Rohrabacher Turner McCaul Rokita Upton Mr. ELLISON and Ms. MCCOLLUM MacArthur Roby Tipton McClintock Rooney, Francis Valadao Marchant Roe (TN) Trott changed their vote from ‘‘yea’’ to Marshall Rogers (AL) Turner McHenry Rooney, Thomas Wagner ‘‘nay.’’ McKinley J. Walberg Massie Rogers (KY) Upton McMorris Ros-Lehtinen Walden Messrs. TIPTON and DAVIDSON Mast Rohrabacher Valadao Rodgers Roskam Walker changed their vote from ‘‘nay’’ to McCarthy Rokita Wagner McSally Ross Walters, Mimi ‘‘yea.’’ McCaul Rooney, Francis Walberg McClintock Rooney, Thomas Walden Meadows Rothfus Weber (TX) So the previous question was ordered. Meehan Rouzer Webster (FL) McHenry J. Walker Messer Royce (CA) Wenstrup The result of the vote was announced McKinley Ros-Lehtinen Walters, Mimi Mitchell Russell Westerman as above recorded. McMorris Roskam Weber (TX) Moolenaar Rutherford Williams Stated against: Rodgers Ross Webster (FL) Mooney (WV) Sanford Wilson (SC) McSally Rothfus Wenstrup Mullin Scalise Ms. ROYBAL-ALLARD. Mr. Speaker, I was Meadows Rouzer Wittman Westerman Murphy (PA) Schweikert Meehan Royce (CA) Womack unavoidably detained. Had I been present, I Williams Newhouse Scott, Austin Messer Russell Wilson (SC) Woodall would have voted ‘‘nay’’ on rollcall No. 162. Noem Sensenbrenner Mitchell Rutherford Wittman Yoder Ms. WILSON of Florida. Mr. Speaker, I was Nunes Sessions Moolenaar Sanford Womack Yoho Olson Shimkus unavoidably detained. Had I been present, I Mooney (WV) Scalise Woodall Young (AK) Palazzo Shuster would have voted ‘‘nay’’ on rollcall No. 162. Mullin Schweikert Yoder Young (IA) Palmer Simpson Murphy (PA) Scott, Austin Yoho Paulsen Smith (MO) Zeldin Ms. SINEMA. Mr. Speaker, I was unavoid- ably detained. Had I been present, I would Newhouse Sensenbrenner Young (AK) Noem Sessions Young (IA) NAYS—185 have voted ‘‘nay’’ on rollcall No. 162. Nunes Shimkus Zeldin Adams Esty McCollum The SPEAKER pro tempore. The Aguilar Evans McEachin question is on the resolution. NOES—187 Barraga´ n Foster McGovern The question was taken; and the Adams Engel Lynch Bass Frankel (FL) McNerney Aguilar Eshoo Maloney, Beatty Gabbard Speaker pro tempore announced that Meeks Barraga´ n Espaillat Carolyn B. Bera Gallego the ayes appeared to have it. Meng Bass Esty Maloney, Sean Beyer Garamendi Moore RECORDED VOTE Beatty Evans Matsui Bishop (GA) Gonzalez (TX) Moulton Bera Foster McCollum Blumenauer Gottheimer Mr. HASTINGS. Mr. Speaker, I de- Murphy (FL) Beyer Frankel (FL) McEachin Blunt Rochester Green, Al Nadler mand a recorded vote. Bishop (GA) Gabbard McGovern Bonamici Green, Gene Napolitano A recorded vote was ordered. Blumenauer Gallego McNerney Boyle, Brendan Grijalva Neal Blunt Rochester Garamendi Meeks F. Gutie´rrez The SPEAKER pro tempore. This is a Nolan Bonamici Gonzalez (TX) Meng Brady (PA) Hanabusa 5-minute vote. Norcross Boyle, Brendan Gottheimer Moore Brown (MD) Hastings O’Halleran The vote was taken by electronic de- F. Green, Al Moulton Brownley (CA) Heck O’Rourke vice, and there were—ayes 229, noes 187, Brady (PA) Green, Gene Murphy (FL) Bustos Higgins (NY) Pallone Brown (MD) Grijalva Nadler Butterfield Himes not voting 13, as follows: Panetta Brownley (CA) Gutie´rrez Napolitano Capuano Hoyer Pascrell [Roll No. 163] Bustos Hanabusa Neal Carbajal Huffman Pelosi Butterfield Hastings Nolan Ca´ rdenas Jackson Lee AYES—229 Perlmutter Capuano Heck Norcross Carson (IN) Jayapal Abraham Coffman Gohmert Peters Carbajal Higgins (NY) O’Halleran Cartwright Jeffries Aderholt Cole Goodlatte Peterson Ca´ rdenas Himes O’Rourke Castor (FL) Johnson (GA) Allen Collins (GA) Gosar Pingree Carson (IN) Hoyer Pallone Castro (TX) Johnson, E. B. Amash Comer Gowdy Pocan Cartwright Huffman Panetta Chu, Judy Jones Amodei Comstock Granger Polis Castor (FL) Jackson Lee Pascrell Cicilline Kaptur Arrington Conaway Graves (GA) Price (NC) Castro (TX) Jayapal Pelosi Clark (MA) Keating Babin Cook Graves (LA) Quigley Chu, Judy Jeffries Perlmutter Clarke (NY) Kelly (IL) Bacon Costello (PA) Graves (MO) Raskin Cicilline Johnson (GA) Peters Clay Kennedy Banks (IN) Cramer Griffith Rice (NY) Clark (MA) Johnson, E. B. Peterson Cleaver Khanna Barletta Crawford Grothman Richmond Clarke (NY) Kaptur Pingree Clyburn Kihuen Barr Culberson Guthrie Rosen Clay Keating Pocan Cohen Kildee Barton Curbelo (FL) Harper Ruiz Cleaver Kelly (IL) Polis Connolly Kilmer Bergman Davidson Hartzler Ruppersberger Clyburn Kennedy Price (NC) Conyers Kind Biggs Denham Hensarling Ryan (OH) Cohen Khanna Quigley Cooper Krishnamoorthi ´ Bilirakis Dent Herrera Beutler Sanchez Connolly Kihuen Raskin Correa Kuster (NH) Bishop (MI) DeSantis Hice, Jody B. Sarbanes Conyers Kildee Rice (NY) Costa Langevin Bishop (UT) DesJarlais Higgins (LA) Schakowsky Cooper Kilmer Richmond Courtney Larsen (WA) Black Diaz-Balart Hill Schiff Correa Kind Rosen Crist Larson (CT) Blackburn Donovan Holding Schneider Costa Krishnamoorthi Roybal-Allard Crowley Lawrence Blum Duffy Hollingsworth Schrader Courtney Kuster (NH) Ruiz Cuellar Lawson (FL) Bost Duncan (SC) Hudson Scott (VA) Crist Langevin Ruppersberger Cummings Lee Brady (TX) Duncan (TN) Huizenga Scott, David Crowley Larsen (WA) Ryan (OH) Davis (CA) Levin Brat Dunn Hultgren Serrano Cuellar Larson (CT) Sa´ nchez DeFazio Lewis (GA) Bridenstine Emmer Hunter Sewell (AL) Cummings Lawrence Sarbanes DeGette Lieu, Ted Brooks (AL) Farenthold Hurd Shea-Porter Davis (CA) Lawson (FL) Schakowsky Delaney Lipinski Brooks (IN) Faso Issa Sherman DeFazio Lee Schiff DeLauro Loebsack Buchanan Ferguson Jenkins (KS) Sires DeGette Levin Schneider DelBene Lofgren Buck Fitzpatrick Jenkins (WV) Smith (WA) Delaney Lewis (GA) Schrader Demings Lowenthal Bucshon Fleischmann Johnson (LA) Soto DeLauro Lieu, Ted Scott (VA) DeSaulnier Lowey Budd Flores Johnson (OH) Speier DelBene Lipinski Scott, David Dingell Lujan Grisham, Burgess Fortenberry Johnson, Sam Suozzi Demings Loebsack Serrano Doggett M. Byrne Foxx Jones Swalwell (CA) DeSaulnier Lofgren Sewell (AL) Doyle, Michael Luja´ n, Ben Ray Calvert Franks (AZ) Joyce (OH) Takano Dingell Lowenthal Shea-Porter F. Lynch Carter (GA) Frelinghuysen Katko Thompson (CA) Doggett Lowey Sherman Ellison Maloney, Carter (TX) Gaetz Kelly (MS) Thompson (MS) Doyle, Michael Lujan Grisham, Sinema Engel Carolyn B. Chabot Gallagher King (IA) Titus F. M. Sires Eshoo Maloney, Sean Chaffetz Garrett King (NY) Tonko Ellison Luja´ n, Ben Ray Smith (WA) Espaillat Matsui Torres Cheney Gibbs Kinzinger

VerDate Sep 11 2014 04:18 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.002 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2102 CONGRESSIONAL RECORD — HOUSE March 16, 2017 Soto Tonko Walz Himes Meadows Sessions Schrader Tipton Walberg Speier Torres Wasserman Hollingsworth Meehan Shea-Porter Sewell (AL) Turner Watson Coleman Suozzi Tsongas Schultz Huffman Meeks Sherman Sires Upton Weber (TX) Swalwell (CA) Vargas Waters, Maxine Hultgren Meng Shimkus Stivers Valadao Wenstrup Takano Veasey Watson Coleman Hunter Messer Shuster Thompson (CA) Vargas Wilson (FL) Thompson (CA) Vela Welch Issa Moolenaar Simpson Thompson (MS) Veasey Woodall ´ ´ Thompson (MS) Velazquez Wilson (FL) Johnson (GA) Mooney (WV) Sinema Thompson (PA) Velazquez Yoder Titus Visclosky Yarmuth Johnson (LA) Moore Smith (MO) Tiberi Visclosky Johnson, Sam Mullin Smith (NE) NOT VOTING—13 Jones Murphy (FL) Smith (NJ) ANSWERED ‘‘PRESENT’’—1 Collins (NY) Harris Rush Kaptur Murphy (PA) Smith (TX) Tonko Davis, Danny Jordan Slaughter Kelly (MS) Nadler Smith (WA) Davis, Rodney Kelly (PA) Walorski Kennedy Napolitano Smucker NOT VOTING—20 Deutch Marino Kildee Newhouse Soto Blumenauer Gonzalez (TX) Marino Fudge Payne King (IA) Nunes Speier Collins (NY) Huizenga Payne King (NY) O’Rourke Stefanik Conyers Jordan Rooney, Thomas ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Knight Olson Stewart Davis, Danny Kelly (PA) J. Krishnamoorthi Palazzo Suozzi The SPEAKER pro tempore (during Deutch Larsen (WA) Rush Kustoff (TN) Palmer Swalwell (CA) the vote). There are 2 minutes remain- Faso Maloney, Slaughter Labrador Perlmutter Takano Fudge Carolyn B. ing. LaMalfa Pingree Taylor Gohmert Marchant Lamborn Pocan Tenney b 1406 Larson (CT) Polis Thornberry b 1413 Latta Posey Titus So the resolution was agreed to. Lawrence Quigley Torres So the Journal was approved. The result of the vote was announced Lawson (FL) Richmond Trott The result of the vote was announced as above recorded. Lewis (MN) Roby Tsongas as above recorded. Lipinski Roe (TN) Vela A motion to reconsider was laid on Loebsack Rogers (AL) Wagner PERSONAL EXPLANATION the table. Lofgren Rogers (KY) Walden Ms. SLAUGHTER. Mr. Speaker, I was un- PERSONAL EXPLANATION Long Rohrabacher Walker avoidably detained and missed rollcall vote Love Rooney, Francis Walorski Mr. RODNEY DAVIS of Illinois. Mr. Speak- Lowenthal Rosen Walters, Mimi numbers 162, 163, and 164. Had I been er, had I been present, I would have voted Lucas Roskam Walz present, I would have voted ‘‘nay’’ on each ‘‘yea’’ on rollcall No. 162, and ‘‘yea’’ on rollcall Luetkemeyer Ross Wasserman vote. Lujan Grisham, Rothfus Schultz No. 163. M. Royce (CA) Waters, Maxine f PERSONAL EXPLANATION Luja´ n, Ben Ray Ruppersberger Webster (FL) Marshall Russell Welch VETERANS 2ND AMENDMENT Mrs. WALORSKI. Mr. Speaker, I was un- Massie Rutherford Westerman PROTECTION ACT avoidably detained. Had I been present, I Mast Sanford Williams would have voted ‘‘yea’’ on rollcall No. 162, McCarthy Scalise Wilson (SC) Mr. ROE of Tennessee. Mr. Speaker, and ‘‘yea’’ on rollcall No. 163. McCaul Schneider Wittman pursuant to House Resolution 198, I McClintock Schweikert Womack call up the bill (H.R. 1181) to amend f McCollum Scott (VA) Yarmuth title 38, United States Code, to clarify McHenry Scott, Austin Yoho the conditions under which certain per- THE JOURNAL McMorris Scott, David Young (AK) Rodgers Sensenbrenner Young (IA) sons may be treated as adjudicated The SPEAKER pro tempore. The un- McNerney Serrano Zeldin mentally incompetent for certain pur- finished business is the question on NAYS—165 poses, and ask for its immediate con- agreeing to the Speaker’s approval of sideration in the House. the Journal, on which the yeas and Adams Fitzpatrick LoBiondo Aguilar Flores Loudermilk The Clerk read the title of the bill. nays were ordered. Amash Foxx Lowey The SPEAKER pro tempore (Mr. The question is on the Speaker’s ap- Barraga´ n Gaetz Lynch SIMPSON). Pursuant to House Resolu- proval of the Journal. Bass Gallagher MacArthur tion 198, the bill is considered read. Beatty Gibbs Maloney, Sean This is a 5-minute vote. Bera Gosar Matsui The text of the bill is as follows: The vote was taken by electronic de- Bergman Gottheimer McEachin H.R. 1181 Beyer Graves (GA) McGovern vice, and there were—yeas 243, nays Be it enacted by the Senate and House of Rep- 165, answered ‘‘present’’ 1, not voting Biggs Graves (LA) McKinley Bishop (GA) Graves (MO) McSally resentatives of the United States of America in 20, as follows: Blum Green, Al Mitchell Congress assembled, [Roll No. 164] Bost Green, Gene Moulton SECTION 1. SHORT TITLE. Boyle, Brendan Grijalva Neal This Act may be cited as the ‘‘Veterans 2nd YEAS—243 F. Gutie´rrez Noem Abraham Chabot Duncan (SC) Brady (PA) Hastings Nolan Amendment Protection Act’’. Aderholt Chaffetz Duncan (TN) Brownley (CA) Herrera Beutler Norcross SEC. 2. CONDITIONS FOR TREATMENT OF CER- Allen Cheney Dunn Buck Hice, Jody B. O’Halleran TAIN PERSONS AS ADJUDICATED Amodei Chu, Judy Ellison Bucshon Higgins (NY) Pallone MENTALLY INCOMPETENT FOR CER- Arrington Cicilline Emmer Burgess Hill Panetta TAIN PURPOSES. Babin Clark (MA) Engel Capuano Holding Pascrell (a) IN GENERAL.—Chapter 55 of title 38, Bacon Clay Eshoo Carbajal Hoyer Paulsen United States Code, is amended by inserting Banks (IN) Cole Esty Ca´ rdenas Hudson Pearce after section 5501A the following new sec- Barletta Comer Farenthold Carson (IN) Hurd Pelosi Barr Comstock Ferguson Carter (GA) Jackson Lee Perry tion: Barton Cook Fleischmann Castor (FL) Jayapal Peters ‘‘§ 5501B. Conditions for treatment of certain Bilirakis Cooper Fortenberry Clarke (NY) Jeffries Peterson persons as adjudicated mentally incom- Bishop (MI) Correa Foster Cleaver Jenkins (KS) Pittenger petent for certain purposes Bishop (UT) Cramer Frankel (FL) Clyburn Jenkins (WV) Poe (TX) Black Crawford Franks (AZ) Coffman Johnson (OH) Poliquin ‘‘Notwithstanding any determination made Blackburn Crist Frelinghuysen Cohen Johnson, E. B. Price (NC) by the Secretary under section 5501A of this Blunt Rochester Cuellar Gabbard Collins (GA) Joyce (OH) Raskin title, in any case arising out of the adminis- Bonamici Culberson Gallego Conaway Katko Ratcliffe tration by the Secretary of laws and benefits Brady (TX) Cummings Garamendi Connolly Keating Reed under this title, a person who is mentally in- Brat Davidson Garrett Costa Kelly (IL) Reichert capacitated, deemed mentally incompetent, Bridenstine Davis (CA) Goodlatte Costello (PA) Khanna Renacci Brooks (AL) Davis, Rodney Gowdy Courtney Kihuen Rice (NY) or experiencing an extended loss of con- Brooks (IN) DeGette Granger Crowley Kilmer Rice (SC) sciousness shall not be considered adju- Brown (MD) DeLauro Griffith Curbelo (FL) Kind Rokita dicated as a mental defective under sub- Buchanan DelBene Grothman DeFazio Kinzinger Ros-Lehtinen section (d)(4) or (g)(4) of section 922 of title 18 Budd Demings Guthrie Delaney Kuster (NH) Rouzer without the order or finding of a judge, mag- Bustos Dent Hanabusa Denham LaHood Roybal-Allard istrate, or other judicial authority of com- Butterfield DeSaulnier Harper DeSantis Lance Ruiz petent jurisdiction that such person is a dan- Byrne DesJarlais Harris Doyle, Michael Langevin Ryan (OH) Calvert Diaz-Balart Hartzler F. Lee Sa´ nchez ger to himself or herself or others.’’. Carter (TX) Dingell Heck Duffy Levin Sarbanes (b) CLERICAL AMENDMENT.—The table of Cartwright Doggett Hensarling Espaillat Lewis (GA) Schakowsky sections at the beginning of chapter 55 of Castro (TX) Donovan Higgins (LA) Evans Lieu, Ted Schiff such title is amended by inserting after the

VerDate Sep 11 2014 04:18 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.007 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2103 item relating to section 5501A the following without due process of law, I am also VFW, and AMVETS. H.R. 1181 is also new item: concerned that these veterans are not supported by the National Disability ‘‘5501B. Conditions for treatment of certain able to participate in recreational Rights Network and the National Rifle persons as adjudicated men- therapy programs like VA’s program at Association. Additionally, H.R. 1181 tally incompetent for certain the VA Grand Junction medical center has a positive statement of the admin- purposes.’’. in Colorado that enables veterans with istration’s support. The SPEAKER pro tempore. The gen- physical and mental disabilities to go Mr. Speaker, veterans who fought to tlemen from Tennessee (Mr. ROE) and hunting or shooting. I know from per- defend the Constitution should also be the gentlewoman from Connecticut sonal experience that these therapy allowed the rights it protects. I urge (Ms. ESTY) each will control 30 min- programs are very effective in helping all Members to support H.R. 1181. It is utes. these heroes recover from injuries that the right thing to do, and I reserve the The Chair recognizes the gentleman they have received while serving our balance of my time. from Tennessee. country. Ms. ESTY. Mr. Speaker, I yield my- GENERAL LEAVE It is unfortunate that some of the op- self such time as I may consume. Mr. ROE of Tennessee. Mr. Speaker, I ponents of this bill are perpetrating Mr. Speaker, I recently joined the ask unanimous consent that all Mem- the outdated stereotypes that people Committee on Veterans’ Affairs be- bers may have 5 legislative days in who are mentally ill may be violent cause of its bipartisan history of work- which to revise and extend their re- and should be feared. I am concerned ing together to improve care for our marks and insert extraneous material that these false characterizations may veterans. I stand ready to work with in the RECORD on H.R. 1181. actually deter people from seeking the the committee—in particular, with The SPEAKER pro tempore. Is there health services they need. Chairman ROE—and with every Mem- objection to the request of the gen- It is hard enough for some people to ber of this House to improve and work tleman from Tennessee? admit they need help, Mr. Speaker, but on the important issues that affect our There was no objection. image how much more difficult it is veterans every day. However, I cannot ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE when they fear that they would be stig- support this bill, and I strongly urge The SPEAKER pro tempore. Mem- matized and isolated. It is also possible my colleagues to oppose it. bers are reminded to not traffic the that some veterans decide to avoid As this House knows all too well, well during debate. using VA healthcare services all to- there is a veterans suicide crisis in this Mr. ROE of Tennessee. Mr. Speaker, I gether out of fear that a VA bureaucrat country, a crisis that is enabled by the yield myself such time as I may con- may decide that they are incompetent easy access to firearms. Just last week, sume. and take away their constitutional the Secretary of Veterans’ Affairs, Mr. Speaker, too often, as Ameri- rights. David Shulkin, told the House Com- cans, we tend to take our freedom for Let’s take a look at the people who mittee on Veterans’ Affairs that the granted. We should never forget we owe actually are added to the NICS list as issue of veteran suicide is one of his the freedom to our Nation’s veterans. a result of the Veterans Administra- highest priorities, and it needs to be a That is why it is so egregious that tion’s appointing a fiduciary. priority of this House as well. many veterans come home to find that There are currently more than 1,000 Today, on this day that we have this they have to do battle with the VA— children under the age of 20 here on the debate, 20 brave men and women who the very agency that is supposed to NICS list, likely because VA appointed have worn the uniform in service of help and support them—to protect a fiduciary because they are too young this country will take their lives in their own constitutional rights. The to handle their own money. suicide, and the vast majority of them problem occurs when VA, for whatever VA has also added the names of will use a gun. reason, determines that a veteran 107,000 people over 80 years old to the As folks all over the country who needs assistance managing his or her NICS list. These individuals probably have helped veterans know, the means VA financial benefits and decides to just need help with their finances due matter. Research has shown that more appoint a fiduciary. to their advanced age. than 85 percent of suicide attempts Now, there may be many reasons But should VA really take away the with a firearm are ultimately fatal that a veteran might need a fiduciary, Second Amendment rights from our compared with just 5 percent for all such as a veteran who has TBI may Nation’s seniors, particularly those other means. That is why addressing have trouble with math and struggles who fought for the country? It is out- the public health crisis in the veteran to balance his or her checkbook. But it rageous that the only group of people community demands a thoughtful and is important to remember that the de- that can have their constitutional comprehensive approach: to ensure cision to appoint a fiduciary is made by rights taken away without a hearing that veterans in crisis do not have easy a VA bureaucrat, not a judge or a mag- before a judge or magistrate are the access to guns and that they get the istrate after ensuring that veteran’s very people who fought for those rights care that they need and deserve. due process rights are protected. and their dependents. Even criminals And yet, today, this House is voting Unfortunately, there are serious, un- must be convicted in a court of law be- on legislation that completely ignores intended consequences when VA ap- fore their names are added to that list, the crisis that many of our most vul- points a fiduciary. This is because, Mr. Speaker. nerable veterans are facing. Unfortu- once VA decides that the beneficiary H.R. 1181 would simply prohibit VA nately, this bill was rushed to the floor needs help with finances, even though from sending veterans’ names to the with no consideration in committee, there may be no evidence that the indi- NICS list unless there is an order from collaboration, or even time for all of us vidual may be a danger to himself or a judge or a magistrate that says the to understand its full implications. The others, the Department sends his or person may harm themselves or others. majority scheduled H.R. 1181 for a vote her name to the FBI to be added to the This proposal has enjoyed bipartisan in committee last week with the bare NICS list. support in the past. In 2011, the House minimum notice required, even having As you know, anyone whose name is passed H.R. 2349, which included simi- to move the start time of the markup on the NICS list is legally prohibited lar provisions, by voice vote. And just to comply with the 48-hour notice re- from possessing a firearm. This means last month, both the House and Senate quirement. that the veteran can no longer partici- passed H.J. Res. 40, which prevented During last week’s committee mark- pate in sports like hunting or target the Social Security Administration up, I raised the concern shared by shooting. The veteran is also legally from implementing a similar policy to many who work closely on this issue obligated to relinquish any firearms he report the names of some people who that H.R. 1181 would end up being ap- or she owns, including collector’s have received disability insurance ben- plied retroactively. The result of this pieces and family heirlooms. efits to NICS. bill being applied retroactively would I am opposed to the VA’s existing H.R. 1181 also has wide support mean that, if it should pass, more than policy not only because it deprives vet- among the veterans community, in- 170,000 veterans currently prohibited erans of their constitutional rights cluding the American Legion, the from owning a firearm would be able to

VerDate Sep 11 2014 04:09 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.011 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2104 CONGRESSIONAL RECORD — HOUSE March 16, 2017 pass a background check and buy a thrown out and replaced with a process mon Sense, we write to you today to express gun. that ensures veterans’ due process our grave concerns with legislation being While the chairman expressed his sin- rights. considered by Congress, the Veterans 2nd cere intent and desire that this legisla- Amendment Protection Act. This proposal I agree that the current process is would put America’s veterans who need our tion not be applied retroactively, it is overinclusive, and I agree that we must support the most in harm’s way by providing fair to say that reasonable people dis- do more to ensure veterans have suffi- them with easy access to firearms. Instead of agree on how this bill would be imple- cient notice, an opportunity to be passing this irresponsible and dangerous leg- mented. This honest disagreement, heard, and a meaningful opportunity to islation, Congress should instead do more to alone, illustrates exactly why this appeal any decision that may impact guarantee that all veterans have access to House should be taking its time on a their constitutional rights; and I stand world-class medical and counseling services. We urge you to oppose this bill. bill that could have such a profound ready to work with my colleagues on Our nation is facing a devastating epi- impact on our Nation’s veterans. the committee and in this House to demic of veteran suicide. The bill you are de- The fact of the matter is that, should more specifically tailor the application bating comes at a time when an average of 20 H.R. 1181 be signed into law, it would of the firearms background checks law veterans commit suicide each day, two- need to be read together with the NICS as it applies to veterans, both prospec- thirds of whom do so by using a firearm. We Improvement Amendments Act of 2007, tively and retroactively. know that non-deployed veterans are at a 61 which requires—requires—Federal percent higher risk of suicide compared to b 1430 the American civilian population, and de- agencies to update the records they ployed veterans are at a 41 percent higher have previously shared with NICS, But a wholesale elimination of the risk. Firearms are the most lethal means meaning, should this bill pass, the VA VA’s long-established practice to help when it comes to suicide, resulting in death would be required to remove the 170,000 keep firearms out of the hands of vet- nine out of ten times. When vulnerable vet- records they have previously shared erans who are at serious risk of harm- erans have access to firearms, they can do with NICS since none of those were ap- ing themselves or others is dangerous harm not only to themselves but also to fam- proved by a court, nor did they meet and misguided. ily members and loved ones. The impact of To be clear, of the 170,000 veterans these tragedies is felt in communities across the new standard established by this our nation. bill. currently prohibited from owning a Last week, we were pleased to hear Sec- Now, with respect to the text of the firearm, as of 2015, almost 20,000 of retary of Veterans Affairs (VA) David bill itself, the Veterans 2nd Amend- them were diagnosed with schizo- Shulkin announce his intent to provide ur- ment Protection Act, contrary to its phrenia, over 11,000 with dementia, and gent mental health care services to veterans name, would create an end run around over 5,000 with Alzheimer’s. For a vet- with other-than-honorable discharges. This the firearms mental health prohibitor eran suffering with a significant men- is a step in the right direction. Over 22,000 tal health condition like one of these, soldiers in the Army alone have received that we have attempted to refine and these bad paper discharges since 2009 due to improve since Congress passed the access to a firearm is a serious matter. mental health conditions, and they are Brady Act nearly 20 years ago and the Moreover, just 3 months ago, this among the ones who most need access to bipartisan NICS Improvement Amend- Congress passed bipartisan legislation comprehensive mental health services. ment Act of 2007. that codified a process for how the VA But they are not the only ones. In 2008, Put simply, this bill would make it can make a determination of the men- President Bush signed a law requiring all easier, not harder, for those veterans in tal capacity of a veteran before that in- federal agencies to submit the names of indi- formation is sent to NICS. The 21st viduals who are legally prohibited from pos- crisis to get access to a firearm by es- sessing guns to the National Instant Crimi- tablishing a new judicial requirement Century Cures Act, which passed this nal Background Check System (NICS). Since that is far higher than any other agen- House 3 months ago by a vote of 392–26, then, the VA has submitted over 174,000 cy’s or department’s implementation of required a veteran to be provided no- names of servicemen and women who require the firearms mental health prohibitor, tice of a proposed financial competency a fiduciary to manage their benefits and and, quite frankly, would be imprac- determination and given an oppor- have been determined through clear and con- tical, if not impossible, for the VA to tunity to be heard, present evidence, vincing evidence to meet the federal stand- and be represented at a hearing. ard for gun prohibition. Of these 174,000, actually use. The VA is already 19,000 are individuals that suffer from schizo- strapped for resources, and it is unclear H.R. 1181 seeks to undo this carefully phrenia and another 15,000 have severe if it has the legal standing to initiate a crafted compromise before we even PTSD. legal proceeding such as that suggested have a chance to study the impacts of For these individuals, possession of a fire- in the bill. the 21st Century Cures Act or the VA’s arm could be fatal. The Veterans 2nd Amend- As Members of this House know very existing practices. ment Protection Act would put at risk the well, there has been a fierce debate in Mr. Speaker, I include in the RECORD safety of these veterans and our commu- this country over the meaning and ex- a letter signed by 12 veterans, includ- nities by changing the standard for gun pro- hibition, so the VA’s determinations would tent of the Second Amendment right to ing retired Generals Stanley no longer stop a veteran from obtaining a bear arms. But the question before this McChrystal and David Petraeus, whose gun. Instead, the names of veterans already House today is not whether an Amer- leadership and support for our military in the background check system would be ican has a right to own a firearm. The and veterans community is unques- erased, putting them at much greater risk of Supreme Court has been very clear on tioned and who believe that this bill self-harm. This would be irresponsible, dan- this issue, and the controlling law has could put mentally ill veterans in gerous, and life threatening to those who need access to care, not weapons. been settled. However, constitutional harm’s way by giving them easy access Just last year, Congress worked to ensure rights are not absolute. As the late to firearms. that all veterans have appropriate due proc- Justice Scalia wrote in the controlling VETERANS COALITION FOR ess protections in place through the 21st Supreme Court Heller decision on the COMMON SENSE, Century Cures Act. This codified existing Second Amendment, ‘‘the Second March 14, 2017. practice and guaranteed that individuals Amendment is not unlimited.’’ Hon. MITCH MCCONNELL, who disagree with their final adjudication Majority Leader, U.S. Senate, The question before this House is have the ability to appeal this determina- Washington, DC. tion. whether we are going to summarily Hon. PAUL RYAN, We appreciate your service to your country overturn the VA’s efforts over the last Speaker, House of Representatives, in the United States Congress, and look for- 20 years to help prevent veteran suicide Washington, DC. ward to working with you to support and and protect veterans’ families by re- Hon. CHUCK SCHUMER, protect our men and women in uniform and porting the names of veterans with se- Minority Leader, U.S. Senate, their communities. In doing so, we urge you rious mental health issues to the Na- Washington, DC. to oppose the Veterans 2nd Amendment Pro- tional Instant Criminal Background Hon. NANCY PELOSI, tection Act. Thank you for your consider- Democratic Leader, House of Representatives, ation. Check System, known as NICS. Washington, DC. Sincerely, Supporters of this legislation argue DEAR MAJORITY LEADER MCCONNELL, LEAD- Admiral Thad Allen, USCG (Ret.); Gen- that the current process used by the ER SCHUMER, SPEAKER RYAN AND LEADER eral Peter W. Chiarelli, USA (Ret.); VA to share mental health records PELOSI, As dedicated service members and General Wesley Clark, USA (Ret.); Gen- with NICS is overinclusive and must be members of the Veterans Coalition for Com- eral Michael V. Hayden, USA (Ret.);

VerDate Sep 11 2014 04:09 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.040 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2105 General James T. Hill, USA (Ret.); up dying from suicide. Preventing firearm Since 2001, the age-adjusted rate of suicide General Stanley A. McChrystal, USA access in these moments of crisis can be the among U.S. Veteran males has increased by (Ret.); Admiral Eric T. Olson, USN difference between a long life and a tragedy. 30.5%. (Ret.); General David H. Petraeus, USA I urge you to protect our service members In 2014, the rate of suicide among U.S. ci- (Ret.); Lieutenant General Mark and veterans by rejecting H.R. 1181. vilian adult females was 7.2 per 100,000. Hertling, USA (Ret.); Lieutenant Gen- Sincerely, Since 2001, the age-adjusted rate of suicide eral Russel Honore, USA (Ret.); Lieu- JOHN FEINBLATT, among U.S. civilian adult females has in- tenant General Claudia J. Kennedy, President. creased by 39.7%. USA (Ret.); Lieutenant General Nor- In 2014, the rate of suicide among U.S. Vet- man R. Seip, USAF (Ret.); Rear Admi- NEWTOWN ACTION ALLIANCE, eran females was 18.9 per 100,000. ral James ‘‘Jamie’’ A. Barnett, USN Newtown, CT, March 14, 2017. Since 2001, the age-adjusted rate of suicide (Ret.); Brigadier General Stephen A. DEAR MEMBERS OF CONGRESS: We strongly among U.S. Veteran females has increased Cheney, USMC (Ret.). urge you to oppose H.R. 1181—Veterans 2nd by 85.2%.’’ Gun suicides and homicides are prevent- Ms. ESTY. Mr. Speaker, I include in Amendment Protection Act, a bill that would immediately remove 174,000 individ- able with common sense gun laws. Con- the RECORD a letter from Everytown uals deemed ‘‘mentally incompetent’’ by the necticut passed the second strongest gun vio- for Gun Safety and a coalition letter Department of Veterans Affairs (VA) Sec- lence prevention laws in America after the led by the Newtown Action Alliance retary from the National Instant Criminal Sandy Hook tragedy, without infringing on signed by over 40 organizations from Background Check System (NICS). These in- the Second Amendment rights of gun own- around the country opposing this bill. dividuals who suffer from serious mental ill- ers. Regrettably, Congress failed to take ac- nesses like dementia, schizophrenia, and se- tion after the Sandy Hook massacre and over EVERYTOWN FOR GUN SAFETY, 400,000 Americans have been killed or injured New York, NY, March 7, 2017. vere post-traumatic stress disorder (PTSD) will be able to access firearms more easily. by guns since the gunman with severe men- Re Reject H.R. 1181, which would put U.S. tal illness brutally gunned down 20 innocent veterans in danger. With veteran suicide rate increasing by 32.2% from 2001 to 2014, Congress should be children and six educators in five minutes. If Hon. PHIL ROE, closing the background check loopholes it can happen in Sandy Hook then it can Chairman, House Committee on Veterans’ Af- rather than weakening our background happen anywhere. fairs, Washington, DC. We urge you to adequately represent the 90 check system. percent of Americans who continue to sup- Hon. TIM WALZ, Please thoroughly review the 2014 veteran port expanded background checks to keep Ranking Member, House Committee on Vet- suicide statistics from VA’s Fact Sheet on guns away from individuals who are a danger erans’ Affairs, Washington, DC. Suicide Prevention to understand why HB DEAR CHAIRMAN ROE AND RANKING MEMBER to themselves or others. We implore you to 1181 must be opposed to reduce the tragic WALZ: I write to express Everytown for Gun vote NO to H.R. 1181, fix NICS and pass an epidemic of veteran suicides in our nation. Safety’s strong opposition to H.R. 1181. In expanded background check bill to protect https://www.va.gov/opa/publications/factsh the midst of a suicide epidemic among our the military service members, our veterans, eets/SuicidelPreventionlFactSheetlNew veterans, this bill would discard hundreds of our families and our communities through- lVAlStatsl070616l1400.pdf thousands of mental health records from the ‘‘Veteran Suicide Statistics, 2014 out the United States. background check system and enable Vet- In 2014, an average of 20 Veterans died from Sincerely, Newtown Action Alliance, Blue Star Fami- erans Affairs beneficiaries suffering from se- suicide each day. 6 of the 20 were users of VA lies, CeaseFire Pennsylvania, CHICAGO vere mental illness to buy firearms. services. The stakes could not be higher. Twenty In 2014, Veterans accounted for 18% of all SURVIVORS, Coalition Against Gun Vio- U.S. veterans take their lives each day—a deaths from suicide among U.S. adults, while lence, Colorado Ceasefire Legislative Action, suicide rate more than 20 percent higher Veterans constituted 8.5% of the US popu- Connecticut Against Gun Violence, Delaware than among the civilian population. Two in lation. In 2010, Veterans accounted for 22% of Coalition Against Gun Violence, Episcopal three of those suicides are carried out with all deaths from suicide and 9.7% of the popu- Peace Fellowship, Gays Against Guns, firearms. While suicide in the general popu- lation. Greenwich Council Against Gun Violence, lation has decreased since the turn of the Approximately 66% of all Veteran deaths Gun Violence Prevention Center of Utah, century, suicide among veterans has not. from suicide were the result of firearm inju- GunControlToday, Hoosiers Concerned H.R. 1181 would repeal the law that blocks ries. About Gun Violence, Indivisible DuPage, VA beneficiaries from possessing or pur- There is continued evidence of high burden Iowans for Gun Safety, Iowans for Gun Safe- chasing firearms if they have been found of suicide among middle-aged and older adult ty, Jessi’s Message, Joint Action Committee, mentally incompetent, after receiving due Veterans. In 2014, approximately 65% of all Maine Gun Safety Coalition, Marylanders to process and the right to a formal hearing. Veterans who died from suicide were aged 50 Prevent Gun Violence, Nebraskans Against According to the VA, more than 170,000 pro- years or older. Gun Violence. hibiting records for these beneficiaries are After adjusting for differences in age and New Castle NH Huddle, New Castle Prom- already in the background check system. gender, risk for suicide was 21% higher ise, North Carolinians Against Gun Violence, Under this legislation, those records would among Veterans when compared to U.S. ci- NYAGV, Ohio Coalition Against Gun Vio- no longer lead to a failed background vilian adults. (2014) lence, One Pulse for America, Pride Fund to check—and would be removed from the sys- After adjusting for differences in age, risk End Gun Violence, Protect Minnesota, Rab- tem entirely. H.R. 1181 would roll back the for suicide was 18% higher among male Vet- binical Assembly, Reconstructionist Rab- law that prohibits people with a VA incom- erans when compared to U.S. civilian adult binical Association, Rhode Island Coalition petency finding from purchasing firearms— males. (2014) Against Gun Violence, Seacoast Family even though many of these beneficiaries suf- After adjusting for differences in age, risk Promise, States United to Prevent Gun Vio- fer from schizophrenia or severe long-term for suicide was 2.4 times higher among fe- lence, Stop Handgun Violence, Texas Gun post traumatic stress disorder. male Veterans when compared to U.S. civil- Sense, The Virginia Center for Public Safety, The current process works, and it provides ian adult females. (2014) The Virginia Gun Violence Prevention Coali- veterans with due process. To make an in- Overview of data for the years between tion, Unitarian Universalists of Santa Fe, competency finding, VA officials must have 2001–2014 WAVE Educational Fund, Women Against clear and convincing evidence. The bene- In 2014, there were 41,425 suicides among Gun Violence, Women’s Voices Raised for So- ficiary has an opportunity to request a for- U.S. adults. Among all U.S. adult deaths cial Justice, St. Louis, MO. mal hearing and may appeal an adverse deci- from suicide, 18% (7,403) were identified as Ms. ESTY. Mr. Speaker, I recognize sion to a federal judge. Indeed, the 21st Cen- Veterans of U.S. military service. that the current practice of informa- tury Cures Act, passed in 2016 by the Repub- In 2014, the rate of suicide among U.S. ci- tion sharing between the VA and NICS lican Congress and signed into law by Presi- vilian adults was 15.2 per 100,000. is overinclusive and that alternatives dent Obama, provides new comfort at the Since 2001, the age-adjusted rate of suicide statutory level that beneficiaries can present among U.S. civilian adults has increased by should be explored that would more ap- evidence from a mental health professional 23.0%. propriately balance veterans’ Second and be represented by counsel at incom- In 2014, the rate of suicide among all Vet- Amendment rights with ensuring that petency hearings. erans was 35.3 per 100,000. Since 2001, the age- veterans who pose a danger to them- When it comes to suicide, means matter. adjusted rate of suicide among U.S. Veterans selves or to others do not have access When suicide is attempted with a firearm, has increased by 32.2%. to firearms. the chances that a person will actually end In 2014, the rate of suicide among U.S. ci- This bill, however, was not consid- his or her life are radically increased. Be- vilian adult males was 26.2 per 100,000. ered through regular order and no gen- cause firearms are uniquely lethal, up to 90 Since 2001, the age-adjusted rate of suicide percent of suicide attempts with guns result among U.S. civilian adult males has in- uine attempt was made to work across in death. In addition, suicide is often an im- creased by 0.3%. the aisle or with the VA to craft a real pulsive act and 90 percent of people who at- In 2014, the rate of suicide among U.S. Vet- solution that addresses the real crisis tempt and fail to kill themselves do not end eran males was 37.0 per 100,000. of veterans’ suicide in this country.

VerDate Sep 11 2014 04:28 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.012 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2106 CONGRESSIONAL RECORD — HOUSE March 16, 2017 I stand ready to work with the chair- It is vitally important that we main- need to create a fair and streamlined man to address legitimate concerns re- tain the due process. This legislation process for veterans to appeal their garding the VA process. And in fact, still allows for dangerous individuals status. just yesterday, I visited at length with to be denied their firearms, but it But there is a balance between pro- VA Secretary Shulkin on how we can leaves the determination to someone tecting veterans’ Second Amendment all work together to keep our veterans with the expertise to understand their rights and protecting veterans who are safe and get them the care and support case. This is a case where bureaucracy a danger to themselves or others. Im- they and their families need. has run amok. We have got to stop it. mediately removing restrictions on I cannot support any bill, especially That is what our job here is to do. every individual does not strike the one addressing an issue as important as Our Second Amendment rights are right balance. Instead, it rolls back the veterans’ suicide, through this rushed vitally important. Each amendment bipartisan work we have done through process. and those rights under our Constitu- the 21st Century Cures Act, and it en- I ask all of my colleagues to join me tion are vitally important. And for dangers the lives of veterans who need in opposing H.R. 1181. Our veterans put those men and women who have served our help the most. their lives on the line for this country. to protect those rights, shouldn’t we I urge my colleagues to oppose this We shouldn’t put their lives and their make sure that they are protected with bill. families at risk when they need us due process. Mr. ROE of Tennessee. Mr. Speaker, I most. I urge my colleagues to support H.R. yield 2 minutes to the gentleman from Mr. Speaker, I reserve the balance of 1181. Colorado (Mr. LAMBORN). my time. Ms. ESTY. Mr. Speaker, I yield my- Mr. LAMBORN. Mr. Speaker, I rise in Mr. ROE of Tennessee. Mr. Speaker, I self such time as I may consume to re- strong support of H.R. 1181, the Vet- yield myself such time as I may con- spond to the assertion that there is no erans 2nd Amendment Protection Act. sume. due process in this act and that the Our veterans should not lose their In America, the last time I looked, 21st Century Cures Act did not do any- right to bear arms and defend them- you are presumed innocent until prov- thing to help veterans. selves and their families simply be- en guilty. What we have done with The 21st Century Cures Act codified cause they receive health care from the these veterans who have served this the following due process guaranteed VA and have someone appointed to country, many of them injured in com- to veterans through the VA. Individ- help them with their finances. Currently, when a veteran appoints a bat, is we have said you are guilty and uals are notified by the VA that a fidu- fiduciary to help them manage their you have to prove you are innocent to ciary is recommended and are allowed VA benefits, the VA automatically be able to own a firearm in your own 30 days to respond with a notification adds the veteran’s name to a list that home. of acceptance or contest, and they are prevents them from purchasing a fire- By the way, Mr. Speaker, people who notified of the implications that this arm. It makes no sense to take away a are in a fiduciary status actually sta- would have for being reported to NICS. veteran’s constitutionally protected tistically have a slightly lower incar- The veteran then has 60 days to present rights simply because someone else is ceration rate than veterans who are evidence against the need for a fidu- managing their finances. not. So to say that they are a danger to ciary. And as required by law, the VA Opponents of this bill argue that dan- themselves or a danger to others is er- relief process allows impacted individ- gerous or suicidal veterans could have roneous. uals to maintain their fiduciary, but easy access to guns if this VA process The other thing I would like to say is regain gun eligibility removing their is stopped. However, the program does that the 21st Century Cures Act, Mr. names from NICS. These are all al- not make any determination on vet- Speaker, has codified basically the VA ready processes in place. erans’ mental health or the dangers policy is what it did. It did not change I yield 3 minutes to the gentleman they pose to others. The VA system fo- the policy. What we are saying to vet- from California (Mr. TAKANO), who is cuses only on whether veterans receive erans is that if you are an honorably the vice ranking member of the Vet- assistance with their finances. discharged veteran who needs a fidu- erans’ Affairs Committee. The right to bear arms is too impor- ciary for whatever reason, you auto- Mr. TAKANO. Mr. Speaker, I rise in tant to deprive veterans of due process matically lose a constitutionally guar- opposition to H.R. 1181. without a judicial determination of anteed right. The epidemic—actually, rather the whether the veteran poses a threat to I yield 2 minutes to the gentleman tragedy—of veterans’ suicide has af- themselves or others. Those who defend from Illinois (Mr. BOST), an active fected families across the country, in- our Nation, whether or not they use a member of the Veterans Affairs’ Com- cluding my own. I recall walking home fiduciary to manage their benefits, are mittee. after school at the age of 10 or 11 in the entitled to the right to defend them- Mr. BOST. Mr. Speaker, I rise today month of November—as you know, Vet- selves. in support of the Veterans 2nd Amend- erans Day is in the month of Novem- I urge my colleagues to support this ment Protection Act. ber—and hearing the news that my good bill. It is unfortunate that under current uncle, who lived across the street from Ms. ESTY. Mr. Speaker, I yield 3 practices, it doesn’t take a doctor or a us, had taken his own life with a fire- minutes to the gentleman from Cali- judge to determine a veteran is unfit to arm. He was a Vietnam veteran, and fornia (Mr. BERA). own a firearm. Not a doctor, not a his memory serves as a personal re- Mr. BERA. Mr. Speaker, I rise today judge; it just takes the assignment of minder about the tragedy of veterans’ in opposition of the so-called Veterans the fiduciary. suicide. To this day, it continues to 2nd Amendment Protection Act. I Mr. Speaker, the women and men plague our communities with our re- agree with the chairman of the full took an oath of office to protect and cent conflicts in Iraq and Afghanistan. committee that we don’t want to take defend our Constitution—the same as Of the 20 veterans who die from sui- away Second Amendment rights from we do in our offices to serve our vet- cide every day, two-thirds of those our veterans. In fact, our veterans have erans—and to stand in harm’s way. occur by firearm. Part of stopping this the skills and understanding of how to Mr. Speaker, this is exactly the oppo- crisis is keeping guns out of the hands handle firearms. I think about this as a site of what our legal system should of our most vulnerable veterans. Re- doctor, though, who has served vet- allow. There is no due process. All of a moving all individuals determined by erans and who has worked in the VA sudden they go to the VA. They are the VA to be mentally incompetent system. seeking help with maybe other issues from the National Instant Criminal We have an epidemic on our hands that are out there—because they can’t Background Check System will make right now. Every day, 20 veterans com- even have a judge or a doctor make it easier for a veteran in crisis to ob- mit suicide. That is 20 too many. As that decision, if that is the case—but tain a firearm. someone who has sat in the exam room they do make a decision that they have To be clear, there are veterans cur- and listened to these veterans, if there to have a fiduciary to help them with rently flagged in the background check is any evidence or risk of suicidal idea- certain things. system who should not be there, and we tions, if there is any risk of that, I

VerDate Sep 11 2014 02:22 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.043 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2107 don’t want to take doctors out of this discourages veterans who may need is mentally unstable, but what we are process, and that is what I am worried help from seeking help. saying is that a VA rater should be a about here. My first job is to do no We owe it to our veterans and to all judge or a magistrate, where you can harm and to do good and help protect Americans to protect the freedoms argue both sides of this in front of these veterans. guaranteed by our Constitution and en- them. It shouldn’t be a VA bureaucrat Two out of three veterans who com- sure that they are not taken away that is doing this. mit suicide do so with a firearm. We without due process. That is why I urge I yield 2 minutes to the gentleman have got to prevent this. This is an epi- my colleagues to join me in supporting from Texas (Mr. CONAWAY), the chair- demic, and it is a national crisis, and this bill. man of the Agriculture Committee. we know gun suicides are preventible. Ms. ESTY. Mr. Speaker, may I in- Mr. CONAWAY. Mr. Speaker, I rise When we see those risks, I want to quire how much time I have remain- today in support of the Veterans 2nd make sure I, as a doctor, have the abil- ing? Amendment Protection Act, a bill that ity to act and protect that veteran. We The SPEAKER pro tempore. The gen- I have supported for the last several need to address this problem like the tlewoman from Connecticut has 14 Congresses. public health issue that it is. We need minutes remaining. The gentleman The Second Amendment is a con- to continue to allow doctors to report from Tennessee has 181⁄2 minutes re- stitutional right for all of us, but it is the risks when they see them. It makes maining. especially sacred to the men and their patients safer, their communities Ms. ESTY. Mr. Speaker, I yield 2 women who put their lives on the line safer, and it is the right thing to do. minutes to the gentleman from Cali- to protect our Constitution and our I would love to work with my col- fornia (Mr. THOMPSON). way of life. Unfortunately, under cur- league, a fellow doctor and the chair- Mr. THOMPSON of California. I rent law, many of our servicemembers man of the full committee, on making thank the gentlewoman for yielding who use a fiduciary to help them navi- sure we protect our veterans. and thank her for her leadership on gate the increasingly complicated De- Mr. ROE of Tennessee. Mr. Speaker, I this issue. partment of Veterans Affairs are auto- yield myself such time as I may con- Mr. Speaker, I rise in opposition to matically labeled as mentally defec- sume. this piece of legislation. This bill un- tive—which, in this politically correct The text of this bill does not remove dermines our commitment to our vet- era, is probably not the best way to the names of anyone who is currently erans, it weakens our background phrase them—which places them in the on the NICS list. It simply prohibits check system, and it puts guns in the FBI’s National Instant Criminal Back- the VA Secretary from continuing to hands of those who shouldn’t have ground Check System. send the names of beneficiaries who them. This label wrongly denies these vet- utilize a fiduciary to the NICS list. And I am a combat veteran and I am a erans their constitutional right to bear there is nothing in the bill that would gun owner. I strongly support the Sec- arms. The determination for a label of require the VA Secretary to take any ond Amendment. With responsible gun this magnitude should rest with the action with respect to those already on ownership comes the recognition that courts, as this bill ensures, not with a the list. not everyone is mentally capable to bureaucrat, as the current practice dic- Just one other thing, Mr. Speaker, to own a gun. tates. show you how the VA’s policy is not Every day, 20 veterans take their Mr. Speaker, as our colleagues on the consistent: just as an example, a vet- own life, most of those with a firearm, other side of the aisle said, they have eran who is rated at 100 percent dis- so the VA acted to prevent violence listed some almost 40,000 people who abled for PTSD is not automatically and to comply with the law by keeping have a clinical issue who deserve to given a fiduciary, even though the guns out of the hands of veterans who have a conversation of the 174,000 that symptoms required for that rating may are in crisis. These are veterans with are on the list. What about the other include suicidal or homicidal ideation. very serious diagnoses, including 20,000 130,000? So they are very inconsistent about veterans diagnosed with schizophrenia, As the other side has also admitted, how they do this. And of the 915,744 over 11,000 with dementia, and more it overreaches and is beyond what we veterans who have a service-connected than 5,000 with Alzheimer’s. Passing should be doing. Their gratuitous offer PTSD condition, only 1.7 percent of this bill would remove their names to negotiate to fix that, they know, of them have a fiduciary. Remember, they from our background check system. course, that the current practice of lose their constitutionally guaranteed This is absolute stupidity. The VA just labeling folks by a bureaucrat right. has done a good job to keep more than would remain in place throughout that I yield 11⁄2 minutes to the gentleman 174,000 veterans with serious mental negotiation process if it were to ever from Texas (Mr. FARENTHOLD), a hard- health problems from getting a gun. actually occur. working member of this conference. They are working hard to save the All too often, government bureauc- lives of these veterans. This bill would racies fail the very men and women 1445 b make it easier for veterans to take who fought to protect this Nation; Mr. FARENTHOLD. Mr. Speaker, their own life. however, this bill is an easy fix to en- under current practice, if a veteran or I don’t want to see another veteran sure that veterans aren’t further hin- beneficiary is appointed a fiduciary by become a statistic. Passing this bill dered by Big Government bureauc- the VA, they are automatically labeled puts our veterans at risk. We owe them racies. as mentally defective and added to the the best care and support. Sadly, this I urge my colleagues to support the FBI’s background check system which bill would leave them more vulnerable legislation. prohibits them from purchasing a fire- than ever. This is a dangerous Ms. ESTY. Mr. Speaker, I yield 4 arm. This rule fails to identify which overstep, and I urge every Member to minutes to the gentleman from Ari- beneficiaries have a mental illness that seriously consider the impact this will zona (Mr. GALLEGO). make them a danger, instead insti- have on our veterans, their families, Mr. GALLEGO. Mr. Speaker, I rise in tuting a blanket ban on anyone who and their communities. opposition to H.R. 1181. As a combat needs help managing their benefits, Mr. ROE of Tennessee. Mr. Speaker, veteran in the Iraq war, the issues we and it discourages veterans who need once again, let me state this for the are debating this afternoon are deeply help from seeking help. record. The text of this bill does not re- personal to me. The Veterans 2nd Amendment Pro- move the names of anyone who is cur- Veteran suicide has reached crisis tection Act will prohibit the VA from rently on the NICS list, except it pro- levels in this country, and our failure considering a beneficiary just because hibits the VA Secretary from con- to do more to help veterans in des- they are assisted by a fiduciary as tinuing to send the names of the bene- perate need of mental health care is mentally defective without due proc- ficiaries who utilize a fiduciary to the truly shameful. Unfortunately, Repub- ess. Just because you have trouble NICS list. licans have brought forward a bill managing your finances doesn’t mean I don’t want guns in the hands of today that will make this crisis even you are dangerously mentally ill. This anybody who should not own a gun who worse.

VerDate Sep 11 2014 02:25 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.044 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2108 CONGRESSIONAL RECORD — HOUSE March 16, 2017 Here is the plain truth. If we allow LAW CENTER TO This language could therefore be interpreted people with serious mental illnesses to PREVENT GUN VIOLENCE, to apply to any case arising out of the ad- purchase dangerous weapons, we are March 10, 2017. ministration of these laws and benefits by putting their lives and the lives of MEMORANDUM the Secretary, regardless of when the case occurred. If the NICS Section of the FBI fol- To Interested Parties. their loved ones at risk. lows this interpretation, it may remove From Americans for Responsible Solutions. records of these individuals from NICS. Mr. Speaker, at a time when more Re Effect of H.R. 1181 (2017): Veterans 2nd This would have far-reaching impact. Cur- veterans are taking their own lives, we Amendment Protection Act. should be debating how to get them rently, few if any mental incompetency de- SUMMARY terminations by the VA are made by a judge, greater resources and support, not easi- H.R. 1181, the Veterans 2nd Amendment magistrate, or judicial authority. These de- er access to firearms. At least 10—10— Protection Act, would mandate that vet- terminations are made my VA examiners esteemed military leaders, including erans determined to be mentally incom- who determine, in the course of processing David Petraeus, Michael Hayden, and petent or incapacitated by the Veterans Ad- veterans’ benefits claims, that as a result of Stanley McChrystal all agree. Here is ministration (VA) shall not be considered to as a result of marked subnormal intel- what they wrote in a heartfelt letter to have been ‘‘adjudicated as a mental defec- ligence, or mental illness, incompetency, Congress: tive’’ for the purposes of federal firearms law condition, or disease, a beneficiary ‘‘lacks without a finding by a judge or judicial au- the mental capacity to contract or manage ‘‘Our Nation is facing a devastating thority that the veteran is a danger to self or his or her own affairs’’ and requires a fidu- epidemic of veteran suicide. The bill others. ciary to handle the disbursement of benefits. you are debating comes at a time when The VA has reported records to the FBI’s Because these beneficiaries require a fidu- an average of 20 veterans commit sui- National Instant Criminal Background ciary to handle disbursement of their pay- Check System (NICS) regarding more than ments due to mental incompetence, they are cide each day, two-thirds of whom do 170,000 beneficiaries who were adjudicated as considered to ‘‘lack[] the mental capacity to so by buying a firearm. mentally incompetent under a very different . . . manage [their] own affairs . . . as a re- ‘‘We know that nondeployed veterans standard. The vast majority of those incom- sult of marked subnormal intelligence, or are at a 61 percent higher risk of sui- petency adjudications have been made (1) mental illness, incompetency, condition, or without a finding of dangerousness and (2) cide compared to the American civilian disease,’’ and are therefore prohibited from without the involvement of a judge or judi- possessing a firearm under existing federal population, and deployed veterans are cial officer. law. at a 41 percent higher risk’’ than the In short, this bill would drastically change These incompetency determinations may American civilian population. the standard under which veteran bene- be appealed to the VA’s administrative ‘‘When vulnerable veterans have ac- ficiaries may be considered ‘‘adjudicated’’ Board of Veterans Appeals, and then eventu- for the purposes of federal firearms law, and ally to federal court, but the federal judges cess to firearms, they can do harm not it provides no express time limitation to en- reviewing the case would be reviewing the only to themselves but also to their sure that this new standard would not be ap- VA’s finding that the veteran is mentally in- family members and loved ones. The plied to VA adjudications that occurred be- competent, and would have no basis for de- impact of these tragedies is felt in fore enactment of this bill. As a result, there termining whether or not the veteran was ‘‘a communities across our Nation. is significant concern about how this legisla- danger to himself or herself or others.’’ De- tion would affect veterans who have pre- termining whether a person is a danger to ‘‘The VA has submitted over 174,000 viously been adjudicated as mentally incom- self or others is generally outside the pur- names of servicemen and -women who petent by the VA, and who are, as a result, view of the Veterans Benefits Administra- require a fiduciary to manage their currently considered subject to federal law’s tion or cases arising out of the administra- benefits and have been determined firearm prohibition. tion of laws regarding veterans’ claims for through clear and convincing evidence The NICS Improvement Amendments Act benefits. to meet the Federal standard for gun of 2007 (NIAA) states that once a federal de- If an incompetent beneficiary seeks relief partment or agency is aware that, when the specifically from the NICS firearm prohibi- prohibition. basis under which a record was made avail- tion, the VA must determine whether the ‘‘Of these 174,000, 19,000 are individ- able to NICS does not apply, or no longer ap- beneficiary has proven by clear and con- uals that suffer from schizophrenia, plies, a federal agency must ‘‘update, cor- vincing evidence that ‘‘he or she is not likely and another 15,000 have severe PTSD. rect, modify, or remove the record from any to act in a manner dangerous to self or oth- database that the agency maintains and ers, and the granting of relief is not contrary ‘‘For these individuals, possession of makes available to the Attorney General, in to public safety and/or the public interest.’’ a firearm could be fatal.’’ accordance with the rules pertaining to that Essentially, the VA is tasked in these cases database; and (ii) notify the Attorney Gen- with assessing whether the beneficiary met a They conclude by calling the bill be- eral that such basis no longer applies so that substantial burden of proving non-dan- fore us today ‘‘irresponsible, dan- the National Instant Criminal Background gerousness. This does not involve a finding gerous, and life threatening to those Check System is kept up to date.’’ A strong by a judge, magistrate, or judicial authority. who need access to care, not weapons,’’ argument could be made that, if H.R. 1181 Though veterans may then appeal an action and I couldn’t agree more with that. were to become law, most beneficiaries who by the VA denying NICS relief to a federal have been found to be mentally incompetent district court judge, that judge would be The question for my Republican by the VA could no longer be considered sub- tasked with reviewing whether the evidence friends is a simple one: Do you know ject to federal law’s firearm prohibition. reasonably justified the VA’s determination more about what is best for our vet- RELEVANT LANGUAGE that the veteran failed to provide clear and erans than General Hayden? Do you The relevant language of the bill states: convincing evidence that he or she was not have a better understanding of what ‘‘Notwithstanding any determination made dangerous. It is not clear even in these rare would improve their welfare than Gen- by the Secretary under section 5501A of this cases that a judge upholding the VA’s deter- eral McChrystal? Do you appreciate title, in any case arising out of the adminis- mination would have occasion to make an af- firmative finding that the person was a dan- their needs more acutely than General tration by the Secretary of laws and benefits under this title, a person who is mentally in- ger to self or others. Petraeus? If the answer is no, then you In short, this bill would drastically change capacitated, deemed mentally incompetent, should vote ‘‘no’’ on this bill later the standard under which veteran bene- or experiencing an extended loss of con- ficiaries may be considered ‘‘adjudicated’’ today. sciousness shall not be considered adju- for the purposes of federal firearms law, and dicated as a mental defective under sub- Mr. Speaker, if this legislation is provides no express time limitation to en- section (d)(4) or (g)(4) of section 922 of title 18 signed into law, more veterans will sure that this new standard shall not be ap- without the order or finding of a judge, mag- take their own lives. That is the tragic plied to previous adjudications by the VA. It istrate, or other judicial authority of com- reality we face. Please side with Gen- could therefore threaten to implicitly re- petent jurisdiction that such person is a dan- quire that NICS lose nearly every prohib- eral Petraeus and General McChrystal. ger to himself or herself or others.’’ Side with your conscience and your The key phrase is ‘‘in any case arising out iting mental health record it has ever re- values. Side with our veterans. Please of the administration by the Secretary of ceived from the VA. vote ‘‘no.’’ laws and benefits under this title.’’ This LIMITING AMENDMENT phrase determines the scope of the individ- In order to avoid the loss of these records Mr. Speaker, I include in the RECORD uals that would be affected by this bill. It is in NICS, we suggest amending the phrase ‘‘in a letter from the Law Center to Pre- not limited to cases that the Secretary ad- any case arising out of the administration vent Gun Violence regarding a sum- ministers subsequent to the enactment of . . .’’ to refer only to cases arising subse- mary of the effect of H.R. 1181. the bill, but rather is unbounded in time. quent to the enactment of this law.

VerDate Sep 11 2014 02:25 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.047 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2109 Mr. ROE of Tennessee. Mr. Speaker, I that went out to all VA regional offices As a nation, we must support our vet- yield myself such time as I may con- on September 29, 2009, on this very erans in recovering from that experi- sume. issue. ence not only by providing the benefits I guess by listening to the debate ‘‘The directive is meant to inform fi- they deserve, but by protecting their that is going on, one would assume duciary field examiners of their obliga- right to enjoy the rights that they that someone who has a fiduciary tion if they were to witness a violation have defended. would be a danger to themselves and of the Brady Act. I am going to quote But, Mr. Speaker, H.R. 1181 misses others, and I think that is completely from this VA memorandum to the field the mark. When a determination is erroneous to assume that. examiners. made that a veteran is mentally in- Let me read you excerpts of a floor ‘‘ ‘Field examiners or other VA em- competent or incapacitated, for what- statement that Senator BURR made in ployees who encounter beneficiaries be- ever reason, that determination is 2009 to show you how this can get off lieved to be in violation of the Brady made to protect them, not to punish or track. And we are going to put sort of Act are required to notify the fiduciary deprive them. When that determina- a human face on this, just an excerpt activity manager as soon as safely pos- tion is made, we owe it to our veterans from a letter that Jennifer wrote as sible. At no time should the employee not to put a weapon in their hand, but, the wife of Corey. place him/herself in danger. The fidu- rather, to put the full weight of a re- ‘‘Corey served in Iraq. He was a para- ciary activity manager at the VA re- sponsive mental health system at their medic. He was severely injured by an gional office of jurisdiction must im- disposal. IED explosion in 2004, which caused se- mediately report the alleged violation We entrusted our soldiers with a vere burns, damage to his lungs, and to the Bureau of Alcohol, Tobacco and weapon while in uniform, so let’s treat severe traumatic brain injury after Firearms,’ ’’ and here is the number. our veterans with the same expecta- shrapnel entered his skull. Corey spent And that is straight out of their tions and standards of safety when . . . 5 years recovering from his inju- memorandum, Mr. Speaker. they take off the uniform. If the unin- ries. Jennifer reports that he is walk- We don’t want weapons, no one in tended consequences of the current ing, talking, and enjoying life at home this room, and none of my colleagues law, as the bill’s supporters claim, are with his two children. on the VA Committee, Republican or too broad and disqualified too many of ‘‘Now it gets really sad. Because of Democrat, want weapons in the hands our veterans from responsible gun own- his head injury, Corey still requires of someone that is considered dan- ership, then let’s work together to help with certain things. The VA said gerous. But we have American heroes tackle that issue. he needed help managing his disability that are being denied their Second However, this bill goes too far and compensation payments, and they Amendment right to even keep their would prohibit the VA Secretary from named Jennifer, his spouse, as his fidu- grandfather’s gun. I feel that, if you sharing important information with ciary’’—his wife. ‘‘That is where I want to go and have your due process law enforcement on veterans who might be a danger to themselves or to would like to read you her letter. rights in front of a court of law or mag- others. Again, I quote from the letter: istrate, that is perfectly okay. That is Unfortunately, Mr. Speaker, H.R. ‘‘ ‘On May 19, 2009, we had our annual the way our system works. But not a 1181 misses the mark and ignores the fiduciary meeting with the VA field ex- VA rater. They don’t get to do that. responsibility to safeguard and take aminer. At the end of the meeting, our And I think, by passing this bill, we care of our veterans who have sac- field examiner said he needed to read a will guarantee those rights to our rificed so much to protect our Nation. statement to us. He read the Brady Bill American heroes. I reserve the balance of my time. Mr. Speaker, I include in the RECORD statement and then stated that Corey three documents, and they are the tes- can’t own, possess, use, be around, et Ms. ESTY. Mr. Speaker, I yield 3 minutes to the gentleman from Mary- timony of Brigadier General Xenakis, cetera, any firearms. He then went on an op-ed from General Chiarelli, as to say that anyone in our household land (Mr. BROWN). Mr. BROWN of Maryland. Mr. Speak- well as testimony submitted by Jeffrey can’t own a gun while living in this Swanson. household. er, I would like to thank my colleague ‘‘ ‘I asked him about Corey going on from Connecticut for yielding me time. TESTIMONY OF BRIGADIER GENERAL (RET) Mr. Speaker, I rise today in opposi- STEPHEN N. XENAKIS, MD adaptive hunting trips and he said he tion to H.R. 1181, which has very little, ERIK ERIKSON SCHOLAR, THE AUSTEN RIGGS couldn’t. Corey stated that he had a if anything, to do with protecting vet- CENTER gun that was handed down from his erans’ Second Amendment rights as Subcommittee on Disability Assistance and grandfather and that Corey was going the bill’s title suggests. Memorial Affairs, Hearing June 24, 2015 to hand it down to his son, and the I am a 30-year veteran of the United H.R. 2001—Veterans 2nd Amendment field examiner told him that he States Army. I served in Iraq. I have Protection Act couldn’t have it. He stated to Corey led soldiers in both combat support and Thank you to the Committee for this op- that if he did own a gun or be around combat service support units in the ac- portunity to submit testimony regarding a gun that he would be threatened with tive and reserve components. H.R. 2001—Veterans 2nd Amendment Protec- imprisonment. Our servicemen and -women face tion Act. I am Dr. Stephen Xenakis, retired ‘‘ ‘The way that that field examiner Brigadier General and Army Medical Corps harsh realities in harsh environments— Officer, with 28 years of active military serv- talked to Corey about this issue was not just in wartime, but in peacetime not appropriate. The field examiner ice. I am certified by the American Board of as well. Military life, Mr. Speaker, is a Psychiatry and Neurology in General Psy- said that I could challenge it and hand- hard life during war and in peace. It chiatry and Child and Adolescent Psychi- ed me a blank sheet of paper with a VA takes a toll on the body and the mind. atry, and have dedicated my professional ca- heading. I asked the field examiner for The number of military members seek- reer to providing medical and psychiatric the statement that he read to me, but ing mental and behavioral health serv- care to our soldiers and veterans and sus- he said that he had to ask his boss if he taining the readiness of our fighting force. ices in the last 16 years, as well as the First and foremost, I am dedicated to im- could actually provide a copy of that mental health-related incidences in- statement. After 2 weeks of me proving and protecting their health and volving soldiers and veterans, substan- wellbeing, and therefore urge the committee emailing him, I finally got the at- tiates my point. not to pass H.R. 2001—Veterans 2nd Amend- tached papers in the mail. I think the But our soldiers are resilient, and ment Protection Act (H.R. 2001) in its cur- VA is taking this way out of concept, that is no less true when we take off rent form. and I would greatly appreciate your the uniform. Under the current process, if a veteran is support.’ determined to be incapable of managing his ‘‘Well, in case any of my colleagues b 1500 or her disbursement of funds from the Vet- think the government would never But for many of our veterans, it erans Benefits Administration (VBA), the veteran is assigned a fiduciary, categorized prosecute someone like Corey for pos- might take some extra help, some as mentally incompetent, considered ‘‘adju- session of a firearm, being around a extra time, to recover from that harsh dicated mental defective,’’ and therefore pro- firearm, I wish to read to my col- and sometimes traumatic military ex- hibited from purchasing or possessing fire- leagues excerpts from the VA directive perience. arms. In its current form, H.R. 2001 would

VerDate Sep 11 2014 04:17 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.048 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2110 CONGRESSIONAL RECORD — HOUSE March 16, 2017 change the process, stating those who are [From The Hill, Mar. 16, 2017] her mental capability. That’s important. The deemed mentally incompetent by the De- GIVE OUR VETERANS CONSIDERING SUICIDE current system works. partment of Veterans Affairs’ (VA) would HELP, NOT A GUN Last year, I joined former Congresswoman Gabrielle Giffords, her husband, Navy com- NOT be considered adjudicated mental defec- (By Gen. Peter W. Chiarelli, retired) tive ‘‘without the order or finding of a judge, bat veteran and retired NASA astronaut As the Army’s vice chief of staff, I spent magistrate, or other judicial authority of Capt. Mark Kelly, and a long list of the na- much of my time working on a crisis most competent jurisdiction that such person is a tion’s most prominent retired military offi- Americans don’t even realize exists. A crisis danger to himself or herself or others. The cials to launch the Veterans Coalition for that on average takes the lives of 20 Amer- Common Sense. It is a national initiative of result being, individuals who are currently ican veterans each day: the devastating epi- prohibited from purchasing or possessing distinguished veterans from all branches and demic of veteran suicide. ranks of the military who are committed to firearms, because of a VBA fiduciary finding, Our brave men and women in uniform risk would no longer be prohibited. advancing commonsense solutions to gun vi- their lives daily to make America safer. But olence here at home. While respecting the Though I concur that there is room for im- for many, when they return home, the bat- Second Amendment rights of law-abiding provement in the VA interpretation of the tles they face are far from over. The stress of Americans, our focus is to help keep guns mentally incompetent determination, H.R. repeated deployments, failed relationships, out of the wrong hands, and saves lives. 2001 is misguided in its approach. Yes, there financial challenges, depression and PTSD Throughout the course of my nearly four may be individuals who have been swept into are among the reasons that every year decades of service to our nation, I saw first the ‘‘adjudicated mental defective’’ category roughly 7,000 veterans take their own life. hand the incredible power of firearms and because they need assistance managing their Two-thirds of the time they do so by gun. the dangers they pose when they end up in disbursement of VBA funds and for whom Researchers who study suicides have found the hands of people who should not have firearms access would not pose a risk to that the decision to end one’s life is often them. themselves or anyone else. However, there spontaneous, and that if accessible, guns are Every day while deployed, our brave men are also individuals in this category for the most lethal and common way one com- and women in uniform risk their lives to pro- whom access to a firearm would indeed be mits suicide. For this reason, eliminating tect our freedom, and when they return, we easy access to a gun during a mental health dangerous. Therefore restoring firearms in should protect theirs. Congress has a duty to crisis can mean the difference between life the sweeping manner to everyone declared ensure these heroes’ safety and they can do and death. mentally incompetent by the VA, as H.R. so through rational and honorable grin safe- Knowing this, I am shocked that some in 2001 would do, would put our veterans, and ty legislation. Our veterans in crisis need Congress are currently supporting a new our help, not a gun. citizens, in harm’s way. piece of misguided and dangerous legislation To discuss H.R. 2001 is to discuss this coun- that would make it easier for veterans who TESTIMONY SUBMITTED BY JEFFREY SWANSON, try’s veteran suicide crisis, and to discuss are at risk of facing a mental health crisis to PHD AND RICHARD BONNIE, LLB suicide is to discuss access to firearms. The get their hands on a gun. Congress should be Subcommittee on Disability Assistance and high suicide rate among the veteran popu- working to save lives and to guarantee that Memorial Affairs, Hearing, June 24, 2015, lation is devastating; a 2012 report from the all veterans have access to world-class med- H.R. 2001—Veterans 2nd Amendment Pro- VA reported an estimated 22 veterans per ical care and counseling, not making it easi- tection Act day commit suicide. Data shows recent vet- er for those suffering from the hidden We thank the Committee for this oppor- erans who were on active duty during the wounds of war to end their lives. tunity to submit testimony regarding H.R. wars in Iraq and Afghanistan have a marked We have to do better. And as someone who 2001: Veterans 2nd Amendment Protection increased risk of suicide compared to the has spent years working to reform our men- Act. general population (41% higher suicide risk tal health system and to reduce veteran sui- The Veterans 2nd Amendment Protection among deployed veterans; 61% higher risk cides, I know we can. Act (H.R. 2001) addresses an important con- among those non-deployed). Access to fire- Shortly after the tragedy at Virginia Tech, cern of fairness in a policy that is intended arms is a significant part of the problem; a Congress passed, and President Bush signed, to protect veterans but may infringe their study of male veterans found that veterans bipartisan legislation requiring the Depart- rights without sufficient due process. The ment of Veterans Affairs to send the names policy in question is VA’s current practice of were more likely than non-veterans to use of veterans who have clear and convincing reporting to the FBI’s National Instant firearms as a means to suicide. Research evidence of mental incompetency to the Na- Criminal Background Check System (NICS) shows firearms are the most lethal means to tional Instant Criminal Background Checks the names of veterans who are assigned a fi- suicide; an estimated 85% of suicide at- System. Any person listed within this sys- duciary to assist the veteran in managing tempts using a firearm are fatal, compared tem is ineligible to legally purchase firearms their benefit funds. What is controversial to 2% by poisoning or overdose, or 1% by cut- from a licensed dealer. about this is that VA decides, in a rather ting. The legislation that Congress is currently opaque administrative procedure, who gets a The evidence is strong and paints a grim considering would reverse this law, and ‘‘fiduciary’’—and thus, indirectly, who is put picture—suicide is a serious public health would immediately remove more than 174,000 into NICS—without assessing whether a fi- problem. According to 2013 data from the mental health records from the background nancially-challenged veteran is at risk of Centers for Disease Control and Prevention, check system. The records that would be re- harm to self or others. This decision occurs suicide is the 10th leading cause of death for moved include veterans who are prohibited without a hearing before either a judge or all age groups. Suicide is the second leading from obtaining guns because they are suf- other objective, duly authorized administra- cause of death for those age 25–34, ahead of fering from serious mental illnesses like de- tive officer in which the facts of the matter heart disease, liver disease, or HIV. Over half mentia, schizophrenia, and long-term severe could be presented and challenged. of the 41,149 suicides in 2013 were by firearm. posttraumatic stress. Over the past several years, VA has re- We know that reducing veteran suicide is a ported the names of about 100,000 ‘‘incom- Our society can mitigate this problem complicated issue that requires comprehen- petent beneficiaries’’ to the NICS—the data- however with smart policies and practices. sive solutions. That said, providing veterans base that licensed gun dealers query to de- We should take a page out of the military who struggle with mental illness increased termine whether people trying to buy a gun training manuals. The military trains us to access to a gun is not part of that solution. can legally do so. The proposed law, H.R. think ‘‘safety first’’ and avoid unnecessary Congress should instead focus on more sup- 2001, would remove these veterans’ names harm and injury. It is our standard practice portive gun-focused legislation like making from NICS and would uncouple the loss of among military psychiatrists to confront a it easier for family and friends to help their gun rights from routine assignment of VA fi- potentially suicidal soldier and intervene ag- loved ones in crisis. Most states currently duciaries in the future. Would such changes gressively to protect the soldier and the fam- lack laws that enable family and friends to be good or bad for veterans, or for the pub- ily. I routinely ask—‘‘do you have weapons, contact law enforcement and remove fire- lic? Our testimony offers some background where are they, what can you and your fam- arms from individuals who pose a threat to information and research evidence to help ily do now to keep you and them safe?’’ As themselves or others. Gaps like these in our legislators evaluate VA’s fiduciary/gun-re- such, it is absolutely crucial, that any vet- laws help explain why since 1968, more Amer- striction policy and consider the possible ad- eran who has been deemed mentally incom- icans have died from guns in the United vantages and drawbacks of rescinding it. petent by the VBA go through an individual- States than on battlefields of all the wars in The Department of Veterans Affairs did ized process to restore his or her firearms our country’s history. not invent the idea of removing gun rights rights, including an assessment for risk to Still, there are some who will mislabel from people found incompetent to manage self and others consistent with best medical these responsible policies as efforts to strip their money; the policy was apparently initi- practices, to ensure that the veteran would our veterans of their rights without due ated to implement the 1968 federal Gun Con- not constitute a danger to the self or others process. They could not be more wrong. In trol Act, which banned the possession of fire- going forward. Such a process is not outlined fact, there is already a law on the books that arms by certain categories of persons as- in H.R. 2001 and, therefore, I urge the com- ensures any veteran on the prohibited pur- sumed to be dangerous, including anyone mittee not to pass the amendment in its cur- chaser list has a right to a hearing where ‘‘adjudicated as a mental defective.’’ The ar- rent form. they can present evidence regarding his or chaic phrase gives offense to modern ears

VerDate Sep 11 2014 02:25 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.018 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2111 and lacks clinical meaning, but the Depart- veterans who have already been reported to danger to themselves or others. For example, ment of Justice (DOJ) has defined it specifi- the NICS. However, we do know something the VHA could decide to report to NICS all cally to include anyone who ‘‘lacks the men- about the distribution of psychiatric diag- involuntary commitments to VA hospitals; tal capacity to contract or manage his or her noses of veterans in NICS, which are typi- this would fill a gap created by the current own affairs’’ as determined by some lawful cally the diagnoses for which the veterans inconsistent NICS-reporting practices of authority. According to current VA proce- are receiving VA benefits: approximately state civil courts and public mental health dure, military veterans fall under this broad 20,000 of the group—1 in 5 of those in NICS— authorities. gun-disqualifying definition whenever the have a diagnosis of schizophrenia or other Second, it is necessary to address the fate VA finds them to be financially incompetent psychotic illness, and about half of those of the 100,000 veterans who are already in and in need of a third-party ‘‘fiduciary’’ to have a ‘‘paranoid type’’ of schizophrenia, NICS. Some of these veterans are disquali- manage VA benefit funds. which is typified by delusions of persecution fied under other criteria because, for exam- VA’s assignment of fiduciaries is made and threat from others. ple, they have been involuntarily committed through an administrative process within Do these mental health conditions signifi- or convicted of a felony or domestic violence the Veterans Benefits Administration (VBA), cantly elevate the risk of violence and sui- misdemeanor, with corresponding additional and without the requirement of either a for- cide and thereby justify legal restrictions on records in the NICS. However, should the mal evaluation of decision-making capacity gun access? Sometimes, and it depends. Epi- gun rights of all of the remaining veterans in by a healthcare professional or a genuine op- demiological studies of people with schizo- this group be automatically restored by portunity for a fair hearing for adjudicating phrenia in the general community have retroactively invalidating the VA’s past ac- the question of financial capacity as defined found that the large majority are not violent tions? From the limited available data, it in the DOJ regulations. These strong due towards others, but that the subgroup with seems likely that automatically restoring process objections to the VA’s policy are acute symptoms of excessive and irrational all of these individuals’ gun rights will pro- clearly the main concern underlying H.R. threat perception—such as believing that vide legal access to firearms for at least 2001. The argument is mainly about proce- others are ‘‘out to get me’’—are significantly some veterans who do, in fact, pose a danger dure, and we have serious doubts about more likely to be violent towards others. to themselves or others. Therefore, for vet- Also in NICS are about 23,000 veterans di- whether VA’s current way of assigning fidu- erans already in the NICS because of a fidu- agnosed with posttraumatic stress disorder ciaries actually meets the definition of ‘‘ad- ciary determination by the VA, perhaps and about 15,000 (mostly older) veterans suf- judicated as a mental defective’’ under the some level of systematic review on the ques- fering from dementia with underlying causes Gun Control Act. But it is worth asking tion of dangerousness, with due process over- ranging from Alzheimer’s disease to trau- whether this procedurally flawed policy is seen by a federal court, might provide some also substantively flawed. Is there a public- matic brain injury research literature would needed protection and peace of mind—for the safety rationale for attaching gun rights to suggest that both of these groups of vet- veterans themselves, as well as for their fam- the fiduciary standard? What do we know erans, too, carry some elevated risk of sui- ilies and communities. about the relationship between the ability to cide or irresponsible behavior with firearms. manage money and risk of harm to self or Still, all of these diagnostic categories func- Mr. ROE of Tennessee. Mr. Speaker, I others? Is there even a connection? tion as nonspecific risk factors for gun vio- yield myself such time as I may con- Recent research on post-deployment ad- lence and suicide; there are many more peo- sume. justment of Iraq and Afghanistan war vet- ple with these diagnoses who will not harm I include in the RECORD two docu- erans has found a modest statistical correla- anyone than who will. That is because vio- ments from the VFW and The Amer- tion between a measure of financial decision- lence and suicide are caused by many inter- ican Legion supporting this legislation. making capacity and self-reported acting factors—mental illness being only suicidality and interpersonal violent behav- one—and people with mental illness may VETERANS OF FOREIGN WARS ior. In a nationally representative random carry other risk and protective factors for OF THE UNITED STATES, sample of 1,388 separated veterans and re- dangerous behavior. It is just the magnitude March 8, 2017. servists from the era of our recent wars, par- of the thing being prevented—death by a Hon. DAVID P. ROE, ticipants were tested on basic money man- gun—that might justify limiting the rights Chairman, House Veterans’ Affairs Committee, agement skills and also queried about vio- of so many people who would not turn out to Washington, DC. lence and suicidal behavior and thoughts. be violent in any case. DEAR CHAIRMAN ROE: On behalf of the men Veterans who scored poorly on financial Civil rights advocates and gun violence and women of the Veterans of Foreign Wars management abilities were about twice as prevention experts could each find fault with of the United States (VFW) and our Auxil- likely to report serious acts of violence, ar- a policy that infringes the constitutional iary, I am pleased to offer the VFW’s support rest, suicidal behavior, and use of illicit rights of so many while having only modest for H.R. 1181, the Veterans 2nd Amendment drugs, compared to those with good money impact, at best, on gun violence and suicide. Protection Act. management skills. These differences in rel- Hence, the criticism that animates H.R. 2001: It is unconscionable to require veterans to ative risk associated with financial inca- that the VA’s fiduciary/gun policy, without choose between the care they have earned pacity were statistically significant, even due process, precludes access to firearms by and deserve and their constitutional rights. though the majority of veterans with finan- people who have not been shown to pose any Your legislation would ensure veterans who cial incapacity were not violent or suicidal. particular risk of harming anyone. To make suffer from mental health conditions no Other research, on civilians with psychiatric matters seem even more unfair, those ‘‘in- longer have to worry about losing their 2nd disabilities who were found incompetent to competent beneficiaries’’ reported by VA to amendment rights when seeking potentially manage their Supplemental Security Income the NICS have been subjected to different lifesaving mental health care. By elevating (SSI) benefits, founds that assignment of a treatment than similarly-situated civilian the threshold for inclusion in the National family member as a ‘‘representative payee’’ counterparts. For instance, incompetent Instant Criminal Background Check System, was significantly associated with increased Supplemental Security Income (SSI) bene- this important legislation would help risk of violent acts by the incompetent bene- ficiaries with ‘‘representative payees’’ as- destigmatize mental health and protect vet- ficiary against family members. signed by the Social Security Administra- erans’ constitutional rights. Does the fiduciary gun-restriction policy, tion do not similarly lose gun rights. Fur- The VFW commends your leadership on as it stands, effectively prevent firearm-re- ther, when states report ‘‘incompetent’’ indi- this issue and your commitment to our na- lated violence and suicide among veterans? viduals to NICS, it is because a state court tion’s veterans. We look forward to working The full answer to that question is unknown, has determined mental incompetency in a with you to ensure the passage of this impor- but the population impact of the policy is in- formal adjudicatory procedure—one that re- tant legislation. herently limited by the very small propor- lies on expert clinical testimony and offers Sincerely, tion of at-risk individuals that it affects, due process protections commensurate with CARLOS U. FUENTES, considering the entire veteran population of the important rights at stake. Director, approximately 22 million. There are un- In the end, what would H.R. 2001 accom- VFW National Legislative Service. doubtedly better and more efficient, effec- plish from the veteran’s point of view? Main- tive, comprehensive, and carefully-tailored ly, it would mean that VA’s appointment of THE AMERICAN LEGION, ways to keep guns out of the hands of dan- a fiduciary to manage one’s VA benefits Washington, DC, March 2, 2017. gerous people than reporting a relatively would no longer be used, by itself, as a predi- Hon. PHIL ROE, small number of putatively financially in- cate for denying the veteran the right to House of Representatives, competent veteran beneficiaries to the NICS. purchase and possess a gun. This would re- Washington, DC. But what about the 100,000 veterans who form the VA’s arguably flawed policy going DEAR REPRESENTATIVE ROE: On behalf of are already in NICS because they were as- forward. However, the problem addressed by our more than 2.2 million members, The signed a fiduciary? What are the implica- H.R. 2001 is more complicated in two ways. American Legion expresses support for HR tions, for them and their families, of auto- First, it is necessary for the VA to take ap- 1181, the Veterans 2nd Amendment Protec- matically restoring their gun rights without propriate steps to facilitate NICS reporting tion Act. This measure, as currently written, any case-by-case review? Unfortunately, for veterans receiving mental health care in would prohibit the Department of Veterans there is little information publically avail- the VA system who are found by a lawful ju- Affairs (VA) from considering any bene- able about the population of incompetent dicial or administrative authority to pose a ficiary assisted by a fiduciary as ‘‘mentally

VerDate Sep 11 2014 04:17 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.020 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2112 CONGRESSIONAL RECORD — HOUSE March 16, 2017 defective’’ without a magistrate or judicial the symptoms require that, for that we should be doing in committee, to authority ruling that the beneficiary is a rating, it may include suicidal or homi- work together in a bipartisan way to public danger for the purpose of reporting cidal ideation. fashion a better way forward. their names to the National Instant Crimi- All we are saying—and I think, hope- This is way too far. It is an over- nal Background Check System (NICS), or any other database intended to identify per- fully, everyone would agree—is that reaction to a process that should be sons who would be excluded from keeping, you deserve as an American citizen— fixed, and we are committed to do that. possessing, or purchasing firearms. and especially an American citizen, But the alternative we are presented Veterans are not required to give up their Mr. Speaker, who has served this coun- with today will wholesale uproot the weapons for the purpose of receiving VA try whether in combat or not, who has 20-year process of the Veterans Admin- health care for mental health conditions. served his country in the military— istration that would be dangerous and However, there are concerns that the threat your day in court and at least be heard wrong, and we remain committed to of being placed on a list that might deny vet- erans their Second Amendment rights could by a judge and jury. working together in committee. act as a deterrent for those who might other- Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of wise seek treatment for their mental health my time. my time. conditions. The American Legion’s concern Ms. ESTY. Mr. Speaker, may I in- Mr. ROE of Tennessee. How much is that stigmas associated with mental ill- quire how much time I have remain- time do I have remaining, Mr. Speaker? nesses may force veterans to lose their Sec- ing? The SPEAKER pro tempore. The gen- ond Amendment rights. The SPEAKER pro tempore (Mr. tleman has 10 minutes remaining. The American Legion reaffirms its rec- ROGERS of Kentucky). The gentle- Mr. ROE of Tennessee. Mr. Speaker, I ognition that the Second Amendment of the woman has 61⁄2 minutes remaining. yield myself such time as I may con- United States Constitution guarantees each law-abiding American citizen the right to Ms. ESTY. Mr. Speaker, I yield my- sume. keep and bear arms and encourages our na- self such time as I may consume. Mr. Speaker, this proposal is not tion’s lawmakers to recognize the same. The Mr. Speaker, I note that the chair- new. It has been passed out of com- men and women who have fought to protect man noted the support of some of the mittee in 2010, 2011, 2013, and this year. the Constitution deserve to live under both veteran service organizations, and I It passed the full House, H.R. 2349, in its laws and rights. think it is noteworthy that the IAVA, the 112th Congress, which is included in In conclusion, The American Legion ap- the Iraq and Afghanistan Veterans of this proposal, by a voice vote. plauds your leadership in addressing issues America, has in the past supported this On February 2, the House approved that are important to America’s servicemembers, veterans and their families. bill. They do not support it this year. H.J. Res. 40, which nullified the Social Sincerely, They do not because they are so con- Security Administration rule that CHARLES E. SCHMIDT, cerned about the crisis we are facing, would have similarly restricted the National Commander. particularly in their members—those Second Amendment rights to certain Mr. ROE of Tennessee. Mr. Speaker, who have come back from the wars in disabled people who require help man- I, too, served in the military as a mili- the last 10 or 20 years. They are con- aging their finances. There is no reason tary doctor in the 2nd United States cerned about that veteran suicide crisis that veterans who have fiduciaries Infantry Division in Southeast Asia that we are facing and are concerned should be treated any differently than many years ago, so I have seen patients that this bill might make that worse. Social Security beneficiaries who need who were mentally ill. One of the We have heard repeatedly assertions help managing their finances. things that has bothered me is that we that this would be the only category, Next, Mr. Speaker, veterans who are perpetuating an outdated stereo- that veterans alone would be deprived need fiduciaries are not necessarily type that mentally ill people are prone without adjudication. That is not true. mentally ill. A veteran may not be able to violence. Most are not, and perpet- In fact, the law for the firearms to handle his or her finances due to uating this stereotype that they are prohibitor covers many categories of conditions such as traumatic brain in- may result in their being isolated or people who do not have any legal deter- jury. Furthermore, The American Le- not seeking treatment. This is unfortu- mination: gion testified in 2015 about a case in nate for people who suffer from mental Anyone who is an unlawful user or ad- which the VA declared a veteran in- illness and need support and under- dicted to a controlled substance is prohib- competent because he told his doctor standing. ited, does not require any adjudication. he didn’t pay his bills. But, in reality, I think we do them a great dis- The NICS has 23,000 people who are the veteran didn’t pay his bills be- service. My bill would require a court prohibited under the controlled sub- cause, like a lot of us, of the division of of law rather than a VA rating spe- stance addiction and use category. household responsibilities. His wife cialist—that is all we are saying here— Anyone adjudicated as mentally defec- paid the bills, and he got caught up in to determine whether an individual ac- tive or committed to a mental institu- that. Then to get out of it is a chore. tually poses a danger to themselves or tion, there are 4.2 million people. There I wanted to say, once again, I really others before their name gets sent to are a wide variety of people who are in feel strongly about this because we the FBI and added to the NICS list. A that category, again, many without worked on the 21st Century Cures bill VA employee should not be able to add court orders. Those were aliens, those on removing the stigma of mentally ill a veteran’s name to a NICS list before dishonorably discharged from the people that because someone is men- that veteran has been afforded due Armed Forces, that is 10,000 individ- tally ill, they are a danger to them- process. uals. So it is not unique to veterans. selves or others. Perpetuating this Let me explain how bad it really is. There are other categories as well. stereotype, I think, is dangerous. I It is outrageous that a criminal has But I really think the bottom line is think it keeps people from coming in more rights than a veteran when it this: we have heard a great deal of and seeking the help that they need. comes to being placed on the NICS agreement that we care about our vet- Also, and I have participated in this, list—at least they aren’t added to the erans, we want to prevent military sui- Mr. Speaker, at home where we have list until they have been convicted by cides, and we know that for some of used hunting trips or fishing trips to a judge or a jury, Mr. Speaker. We these veterans, it would be dangerous help veterans with PTSD get back on should at least treat our American he- for them to have a firearm. That is pre- their feet and assume—instead of treat- roes that well. cisely why this committee should have ing it as a disability and saying: We are Here is another point I would like to had a hearing, so we would have had going to get you well and back on your make: a veteran that has been rated— the opportunity to systematically ad- feet and be a productive member of so- listening to the debate to show you dress these issues and find a better way ciety. how the VA system is not a standard forward that recognizes that some vet- I am afraid if we stereotype this, we for everyone. A VA veteran rated 100 erans who need a fiduciary also should will prevent people from coming in for percent for PTSD does not automati- not have firearms, and some who need the very needed help that they so rich- cally get a fiduciary because they are a fiduciary, there is no concern there. ly have earned and need. 100 percent service-connected disabled But we have been deprived of that op- Mr. Speaker, I reserve the balance of because of their service even though portunity in committee, to do the work my time.

VerDate Sep 11 2014 02:25 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.019 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2113 Ms. ESTY. Mr. Speaker, I yield my- This commonsense bill would ensure when people feel that they will be stig- self such time as I may consume. that no veteran or beneficiary is de- matized or isolated because other peo- Mr. Speaker, I note that 18 of the 26 clared mentally defective simply be- ple may fear them? Members of the House Veterans’ Af- cause a VA rater appoints someone to By passing this bill, Congress will fairs Committee did not serve during a assist with the management of that send a strong message that people who time when there has been a hearing on person’s financial affairs. suffer from mental illness are owed the this bill—18 of us, and that includes Mr. Speaker, I reserve the balance of same respect and have the same con- me. The evidence that the chairman my time. stitutional rights as every other Amer- was referencing from 2015 was from a Ms. ESTY. Mr. Speaker, I yield my- ican citizen. hearing that never occurred, so there self the balance of my time. Once again, Mr. Speaker, I encourage was never an opportunity to discuss Mr. Speaker, we have heard spirited all of our Members to support H.R. that evidence. Again, I think this un- and passionate remarks here today, but 1181, and I yield back the balance of my derscores the extent to which we really I think it underscores how much we time. do need a hearing. would benefit, the veterans that we Ms. WASSERMAN SCHULTZ. Mr. Speaker, I have to say, since 2012, when the serve would benefit, their families, and I stand in strong opposition to H.R. 1181, the Newtown shootings occurred in my dis- this Chamber would benefit from our ‘‘so-called’’ Veterans 2nd Amendment Protec- trict, the public feels differently about pursuing regular order with this very tion Act. this now, and our veterans numbers important topic. So, again, I urge in Mr. Speaker, twenty veterans a day trag- have been going up and up. So I think the strongest possible terms for my ically take their own lives. Just ONE veteran taking his or her own life it is high time for us to have a hearing. colleagues to vote against this bill, to is one too many. It has been 5 years. We should be look- give us the opportunity to get this But twenty every day is an epidemic. It is ing at this process. process right, to safeguard our vet- unconscionable, and unacceptable. The last point I will note: there has erans, protect them from military sui- With two-thirds of veteran suicides being been much made of the Constitution cide, and to preserve their rights in the carried out with firearms, this bill practically today and how outrageous it is. In 20 best possible way. This hastily consid- pulls the trigger for veterans at risk. years since this process has been in ered, rushed-through legislation that H.R. 1181 threatens the safety of our na- place in the VA, I note that no one has leaves way too many questions and tion’s veterans and potentially others; by pro- ever challenged this successfully in way too much risk for our veterans I viding those veterans suffering from mental ill- court as a violation of constitutional must strongly oppose. ness with greater ease in obtaining a firearm. due process, and I know the love our Mr. Speaker, I yield back the balance The National Instant Criminal Background veterans have for the Constitution, as of my time. Check System is a critical tool in stopping we do in this Chamber. That tells me Mr. ROE of Tennessee. Mr. Speaker, I those who want to do harm to themselves or that many families, for example, actu- yield myself the balance of my time. others. ally are relying on this. Mr. Speaker, as all of us in this room If passed, this bill would dangerously alter So, again, I pledge to the chairman are, I am personally devastated that the protocols for including a veteran in the we should be working together in com- our Nation loses 20 of our finest citi- database when he or she has been assigned mittee to get this process right. This is zens to suicide every day. Ending this a fiduciary. not the way to do it, not with this bill, tragedy is one of the top priorities we In addition, over one hundred-seventy thou- not with the questions, and not with- have on the Veteran Affairs’ Com- sand mentally ill veterans would be removed out an opportunity for us to do the mittee and as a nation. We have and from the National Instant Criminal Background things I have referenced. will continue to work with the VA to Check System. Mr. Speaker, I reserve the balance of develop programs that will effectively Instead of wasting time and energy on my time. help identify and treat veterans who senseless budget cuts and harmful bills like Mr. ROE of Tennessee. Mr. Speaker, I may be considering ending their own H.R. 1181, this Congress should be focused yield myself such time as I may con- lives. on strengthening protocols so that no veteran sume. But denying veterans who have fidu- struggling with mental illness ever falls through Mr. Speaker, as all of us in this in- ciaries their constitutional rights will the cracks. credible place that we are in, the House not end veteran suicide. It is unfair to Just two months ago, a veteran, Esteban of Representatives in the Capitol of the paint all veterans who may need a fidu- Santiago, suffering from mental illness fell U.S., our hearts go out to everyone, es- ciary with the same broad stroke and through the cracks and killed five people at my pecially the families, of all those to assume that just because someone home airport in Fort Lauderdale. The current protocols failed him. We failed touched by that horrible tragedy that needs assistance with their financial him and we should be doing all that we can was just described. I am willing to affairs, that they may also be violent to make the system strong for those suf- work with anyone on the committee or and a danger or they are contemplating fering—not making the situation worse, as this otherwise in a reasonable way to keep suicide. That is just plain wrong. firearms out of the hands of criminals bill does. and people who are dangerous. There is b 1515 This bill does a grave disservice to those no question we are all willing to do It is unfortunate that the arguments men and women who have served us val- that. But that case did not involve a advanced by some of the opponents of iantly. Moreover, it is opposed by military leaders veteran who had a fiduciary. this bill reinforce the false impression including General Stanley McChrystal and I am a strong supporter of the Second that people who suffer from mental General David Petraeus, who led our troops in Amendment even if others aren’t. I health challenges—and veterans, in Iraq and Afghanistan. particular—are dangerous. There is no think we can all agree that veterans It is our obligation to ensure every veteran should not be denied the same due evidence that people who suffer from has the physical and mental health care they process rights that all other Americans mental illness are more likely to be both deserve and need, We owe them better receive. What this bill does is ensure more violent than people in the general than this. Instead, this bill prioritizes putting that veterans do not lose their con- population—just none. I am convinced firearms in the hands of mentally ill veterans stitutional rights without a judicial that perpetuating this outdated and in- who are already at serious risk. hearing. correct stereotype makes the situation The SPEAKER pro tempore. All time The freedoms granted under the Con- worse, deterring people from seeking for debate has expired. stitution of this great country should the very health services that they Pursuant to House Resolution 198, apply to all Americans, especially need. the previous question is ordered on the those who have been willing to put It is difficult for some folks to admit bill. their lives at risk to protect those they need help. I saw patients like that The question is on the engrossment same freedoms. It is wrong for veterans for years who finally broke down in my and third reading of the bill. and beneficiaries who use a fiduciary to office and explained that they were de- The bill was ordered to be engrossed lose their Second Amendment right pressed or whatever the situation may and read a third time, and was read the without due process. be. Imagine how much harder it is third time.

VerDate Sep 11 2014 04:17 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.052 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2114 CONGRESSIONAL RECORD — HOUSE March 16, 2017 The SPEAKER pro tempore. The To bring real reform, we need to pro- partment over the past few years, that question is on the passage of the bill. vide Secretary Shulkin with the tools we still see far too many instances of The question was taken; and the he needs to swiftly and effectively dis- VA employees not living up to the Speaker pro tempore announced that cipline employees who don’t meet the standards America expects and not liv- the ayes appeared to have it. standards our veterans deserve or who ing up to the standards that our men Mr. ROE of Tennessee. Mr. Speaker, fail in their sacred mission to provide and women who have served this coun- on that I demand the yeas and nays. world-class health care and benefits to try deserve. The yeas and nays were ordered. the men and women who have served. Knowing many of the instances that The SPEAKER pro tempore. Pursu- My bill would provide a singular ex- have happened at the VA are a slap in ant to clause 8 of rule XX, further pro- pedited procedure for all VA employees the face to our veterans, it is unbeliev- ceedings on this question will be post- to respond and appeal to proposed re- able to me that anyone would oppose poned. movals, demotions, and suspensions for the bill before us here today. f performance or misconduct or, in the The committee has discovered an in- case of title 38 employees, who are stance of an employee showing up VA ACCOUNTABILITY FIRST ACT healthcare providers, for a question in- drunk to work to scrub in for a surgery OF 2017 volving direct patient care or clinical on a veteran; a VA employee taking a GENERAL LEAVE competence. recovering addict to a crack house and Mr. ROE of Tennessee. Mr. Speaker, I The prenotification and response buying him drugs and a prostitute; a ask unanimous consent that all Mem- process would be required to be com- VA employee participating in an armed bers may have 5 legislative days within pleted within 15 business days, and the robbery; and senior managers retali- which to revise and extend their re- employee would be entitled to an expe- ating against whistleblowers, at which marks and to insert extraneous mate- dited appeal to the Merit Systems Pro- point VA then has to pay hundreds of rial in the RECORD on H.R. 1259. tection Board, where the first step at thousands of dollars to the whistle- The SPEAKER pro tempore (Mr. the administrative judge would be lim- blower in restitution. BANKS of Indiana). Is there objection to ited to 45 days. Additionally, either Not only are all of these acts egre- the request of the gentleman from Ten- party would be able to appeal the ad- gious and not only are all of these in- nessee? ministrative judge’s decision to the stances factual, they are just the tip of There was no objection. full MSPB and would be provided the the iceberg; but what causes me to The SPEAKER pro tempore. Pursu- opportunity for limited judicial review. stand before you today is that, in none ant to House Resolution 198 and rule H.R. 1259 would also ensure that the of these instances, did the VA hold XVIII, the Chair declares the House in disciplinary procedures and avenues to these employees accountable in any the Committee of the Whole House on appeal set up by this bill are the only reasonable timeframe, if at all. the state of the Union for the consider- avenues in place for title 5 and hybrid I blame many factors for this, but ation of the bill, H.R. 1259. title 38 employees to dispute proposed mainly I blame an antiquated civil The Chair appoints the gentleman removals, demotions, and suspensions service system and a grievance process from Kentucky (Mr. ROGERS) to preside for longer than 14 days. Pure title 38 set up by the union-negotiated collec- over the Committee of the Whole. employees, mainly VA’s physicians and tive bargaining agreements that have registered nurses, would retain their left VA unwilling to jump through the b 1518 current internal process, but the many hoops to do what is right. IN THE COMMITTEE OF THE WHOLE timelines for disciplinary action and Mr. Chair, it is well past time that Accordingly, the House resolved the appeals process would also be we not allow the current system to itself into the Committee of the Whole aligned to the timelines for all other continue, and it is certainly our duty House on the state of the Union for the VA employees as set up by this bill. to finally take action and enact mean- consideration of the bill (H.R. 1259) to This bill would also provide improved ingful changes at VA that put veterans amend title 38, United States Code, to protections for whistleblowers; would and their families first and foremost. provide for the removal or demotion of allow the Secretary to reduce an em- Everything else should come second. employees of the Department of Vet- ployee’s Federal pension if they are That includes the power of the public erans Affairs based on performance or convicted of a felony that influenced sector unions. misconduct, and for other purposes, their job at VA; would provide the Sec- Everyone in government knows that with Mr. ROGERS of Kentucky in the retary with the authority to recoup a the civil service laws that were once chair. bonus provided to an employee who en- meant to promote the efficiency of The Clerk read the title of the bill. gaged in misconduct or poor perform- government are now obsolete and make The CHAIR. Pursuant to the rule, the ance prior to receiving the bonus; and it almost impossible to remove a poor- bill is considered read the first time. would allow the Secretary to recoup performing employee. Last year, VA’s The gentleman from Tennessee (Mr. any relocation expenses that were au- then-Deputy Secretary Sloan Gibson, ROE) and the gentleman from Min- thorized for a VA employee only under President Obama, sat before the nesota (Mr. WALZ) each will control 30 through the employee’s ill-gotten Veterans Affairs’ Committee and ad- minutes. means, such as waste, fraud, and mal- mitted it was too difficult to fire a sub- The Chair recognizes the gentleman feasance. standard VA employee. from Tennessee. Lastly, it would also provide the Sec- The Government Accountability Of- Mr. ROE of Tennessee. Mr. Chair, I retary with the direct hiring authority fice studies the government’s ability to yield myself such time as I may con- that he desperately needs and has been hold low-performing employees ac- sume. asking for so that we can hire medical countable and found that it took 6 Mr. Chair, I rise today in support of center directors and VISN directors in months to a year, on average, and my bill, H.R. 1259, the VA Account- a more expedited manner and fill lead- sometimes significantly longer, to fire ability First Act of 2017. ership vacancies across VA. poor-performing government employ- Mr. Chair, you and many other Mem- Mr. Chair, as I have said, I agree with ees. bers of this body are well aware that all of my colleagues that the vast ma- I have heard the concerns that this providing true accountability at the jority of VA employees are hard- bill will hurt the Department’s ability Department of Veterans Affairs has working public servants who are dedi- to recruit and retain good employees. I been a goal of mine and many of my cated to providing quality health care don’t buy this argument, as every VA colleagues for years. The House has re- and benefits for veterans. But it is be- employee I speak to tells me exactly mained committed to this goal and has yond comprehension that, with as the opposite. Good employees want to already passed several iterations of the much outright malfeasance that Con- work in an environment where they legislation before us today, yet the gress, the American public, the media, know everyone can be held accountable challenges remain, which is why we are and our courageous whistleblowers for their actions. here once again trying in this Congress have uncovered at the VA, which has I believe the current status quo of al- to effect real change and reform. led to the increased scrutiny of the De- lowing bad employees to continue at

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.054 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2115 their jobs while receiving a paycheck across this country, come up and thank firm our mutual understanding regarding actually hurts the moral of other em- Members for putting veterans’ rights H.R. 1259, the ‘‘VA Accountability First Act ployees who are doing the right thing before all else. of 2017.’’ The facts are the only groups that I appreciate the House Committee on Over- 24 hours a day. sight and Government Reform’s waiver of This is the same for employees of the have staunchly come out and opposed consideration of provisions under its juris- Department who are veterans. I know the reform we are trying to make in diction and its subject matter as specified in that some have said that this would this bill are the public sector unions. your letter. I acknowledge that the waiver hurt veterans who are employed at a As I said, this should not be a polit- was granted only to expedite floor consider- VA, since they make up a large per- ical discussion and this should not be ation of H.R. 1259, and does not in any way centage of VA employees, as it should one side of the aisle trying to out-vet- waive or diminish the House Committee on be. As a veteran myself, and as my fel- eran the other side of the aisle. We Oversight and Government Reform’s juris- don’t want to do that. But when you dictional interests over this legislation or low veterans here today would agree— similar legislation. Iwill support a request we don’t sign up to serve, whether in look at the facts, it is clear what our from the House Committee on Oversight and uniform or civilian clothes, because we veterans and what the American public Government Reform for appointment to any put our individual employee protec- want us to do here in this Congress. House-Senate conference on H.R. 1259. Fi- tions ahead of the mission—the mis- b 1530 nally, I will also support your request to in- sion always comes first, Mr. Chair; and clude a copy of our exchange of letters on We have a package that makes mean- at the VA, the mission is our veterans. this matter in the Congressional Record dur- ingful changes to VA’s civil service Veterans want to work alongside col- ing floor consideration. system while maintaining due process Again, thank you for your assistance with leagues they know are working hard rights, as we should. Today we have the these matters. for their fellow men and women they opportunity to make real and lasting Sincerely, served alongside. changes to a broken system. Today we DAVID P. ROE M.D., I also want to note that, from day Chairman. can decide to stand with our veterans one, I have worked with Secretary Mr. WALZ. Mr. Chairman, I yield or we can stand with the status quo Shulkin and his team in the drafting of myself such time as I may consume. and the unions that perpetuate the sta- this bill that is before us today. He has I rise in opposition to H.R. 1259. Let tus quo, which I believe has failed them me be clear that I rise in opposition endorsed this legislation not because and the American public for far too he wants to punish employees or make not after serving this Nation in uni- long. form for 24 years; not after serving on it harder to recruit quality employees, I hope you all will join me and the 15 this committee longer than anyone but because he sees this type of change veteran organizations that support this else on the committee; and not with as desperately needed if he is going to legislation and do what is right for vet- serving honorably with my friend, the truly reform the Department, as both erans and pass H.R. 1259. Let’s put ac- chairman, who—I want to be clear, sides of the aisle want. countability first so that trans- first of all, where the commonality lies Secretary Shulkin is someone who formative reforms can succeed. garnered the trust and respect of two Mr. Chair, I reserve the balance of around this issue, about 95 percent of Presidents of two different parties to my time. it, you are not going to find daylight serve our veterans, and he was con- between us. HOUSE OF REPRESENTATIVES, COM- The idea that anyone would put a firmed by a vote in the Senate of 100– MITTEE ON OVERSIGHT AND GOV- special interest ahead of the care of a 0. Mr. Chair, I hope that my colleagues ERNMENT REFORM, would understand that his support and Washington, DC, March 10, 2017. veteran is not only distasteful, it is assistance in crafting this bill before us Hon. DAVID P. ROE, wrong to assume that. There are legiti- today is because real accountability at Chairman, Committee on Veterans’ Affairs, mate differences on how to get ac- the Department of Veterans Affairs is a Washington, DC. countability in the VA, and we have veteran issue, not a political issue. DEAR MR. CHAIRMAN: I write concerning come to some conclusions that get us It is time that we align ourselves H.R. 1259, ‘‘VA Accountability First Act of pretty close. This piece of legislation— 2017.’’ As you know, the Committee on Vet- with our Nation’s veterans and the or- erans’ Affairs received an original referral and I do not condemn the committee ganizations that represent them. Fif- and the Committee on Oversight and Govern- because this is truly a bipartisan com- teen veterans service organizations ment Reform a secondary referral when the mittee, but, for whatever reason, for support the bill before us today: the bill was introduced on February 28, 2017. I the first time in the decade-plus that I American Legion, Veterans of Foreign recognize and appreciate your desire to bring have served on this committee, we Wars of the United States, Paralyzed this legislation before the House of Rep- have brought a bill to the floor without Veterans of America, Iraq and Afghani- resentatives in an expeditious manner, and a hearing. accordingly, the Committee on Oversight We held a markup and brought it to stan Veterans of America, the Military and Government Reform will forego action Order of the Purple Heart, Concerned on the bill. the floor. The majority has the right to Veterans for America, Student Vet- The Committee takes this action with our do as they please. What that deprives erans for America, Reserve Officers As- mutual understanding that by foregoing con- us of is the ability to build consensus sociation, Fleet Reserve Association, sideration of H.R. 1259 at this time we do not around issues we know we share. I Association of the United States Navy, waive any jurisdiction over the subject mat- know the chairman’s heart is providing the Enlisted Association of the Na- ter contained in this or similar legislation. absolute best care to every single vet- Further, I request your support for the ap- eran. I also know the chairman’s heart tional Guard of the United States, pointment of conferees from the Committee VetsFirst, AMVETS, the Military Offi- on Oversight and Government Reform during is to make sure that every employee cers Association of America, and the any House-Senate conference convened on who is doing their job is respected the United States Army Warrant Officers this or related legislation. way they are supposed to be. There is Association. These are 15 groups that Finally, I would ask that a copy of our ex- not disagreement on that. represent millions of veterans and change of letters on this matter be included This piece of legislation, and framing their families. in the bill report filed by the Committee on it as a false choice between veterans While I am in no way trying to make Veterans’ Affairs, as well as in the Congres- and the employees, the majority of sional Record during floor consideration, to whom are veterans, in many cases, this a political argument or say that memorialize our understanding. my colleagues on the other side of the Sincerely, serving other veterans, is a false aisle do not care about veterans—they JASON CHAFFETZ, choice. The chart that was put up, I be- do—but when it comes to this par- Chairman. long to half those organizations. There ticular issue, accountability at the VA, is also an organization that is on there I do not believe we can avoid the facts: HOUSE OF REPRESENTATIVES, that differs from the others because it The facts are, when we talk about ac- COMMITTEE ON VETERANS’ AFFAIRS, is a 501(c)(4) with the sole purpose of countability at VA during our VSO Washington, DC, March 10, 2017. political attack ads on Members of the Hon. JASON CHAFFETZ, hearings with the Senate, Members get Chairman, House Committee on Oversight and opposing party. Leave them off the an ovation. Government Reform, Washington, DC. sheet. The other ones I agree with. The The facts are that veterans, not just DEAR CHAIRMAN CHAFFETZ: In reference to others are 501(c)(3)s advocating for vet- from the headquarters in D.C., but your letter on March 10, 2017 I write to con- erans, but for us to pretend this isn’t a

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.055 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2116 CONGRESSIONAL RECORD — HOUSE March 16, 2017 proxy fight for outside groups on some- not question—I hope it would not come But there is a little bit different thing bigger is disingenuous and moves back to me—the outrage I feel when I story to this. This was a Navy veteran us away from the place we should have hear the story—and I know when the in Arkansas, and you know what they gotten. chairman tells me it, it is true—of got it for? Not picking up a scalpel and To show you the comity, my friend someone showing up intoxicated trying doing something that a doctor should from Tennessee gave an impassioned, to provide care to a veteran. How in do, not writing a prescription for an logical, and, in my opinion, correct as- goodness name is that person not done, opioid and trying to steal medicine, sessment on the Veterans 2nd Amend- not removed, and not moved forward? I which does happen. What they did was, ment, H.R. 1181. I agree with the chair- will have to tell you this: I have been they entered the wrong code on a man on this. I believe we could have there on this. I am a public school- chart, and that got them for practicing built consensus by bringing that teacher. Do you know who hates a bad medicine without a license. through the committee, but it doesn’t public schoolteacher the most? A good When they went through the ap- change the fact that I think the chair- public schoolteacher. What really an- proved negotiated grievance process, man eloquently got to the heart of gers me is when management doesn’t not only did they find out that this was that. I know what the heart of that was do their dang job, follow the law and wrong to this combat Navy veteran because the majority side used the remove those people, and give the due trying to serve other veterans who was term over two dozen times, ‘‘due proc- process to them. discharged by a manager, it turns up ess.’’ It matters. These are veterans The same thing happens in the VA. the lack of management oversight. It working in the VA who should have Management needs to do their job. We was the entire system was flawed and due process to their Second Amend- have issued subpoenas for Phoenix, we the chart was wrong. So the grievance ment rights and to their employment have issued subpoenas for Philadelphia, process not only returned the employee we have issued subpoenas for St. Paul rights. It ensures that the working en- back to their rightful job, it fixed the of people doing egregious things, not vironment attracts and retains the system guaranteeing better care for caring for veterans. They should come best and brightest. veterans going forward. here, and they should lose their jobs. In So let’s go through a little bit of So I don’t disagree. When we try and some cases, they did. Do you know what is here. One of the things is, we make it, the big scary thing is, oh, we what they all did have in common? talk about going back and breaking a have unions that don’t care about vet- None of them were part of a collective sacred pledge. You can disagree what is erans, don’t care about what the care bargaining agreement. They were the in the collective bargaining that was is, and what we need to do is fire those management. My fear on this is you done between the administrations, Re- people immediately. Well, you know publican and Democrat, and those em- have bad managers making bad deci- what? Some of them do need to be ployees who work there, but to go in sions, and if someone speaks up, Mr. fired. But if there is not a process in and arbitrarily change that from Con- Chairman, who is a lower ranking place—this Navy veteran caring for gress, how is that due process? How member, their only protection to im- other veterans was released without about in the next bargaining agree- prove the system is by collectively bar- due process—we don’t find out about a ment you make the case that those gained grievance processes to make broken system putting veterans’ care things need to be there. I will stand sure their due process is heard. That is at risk. That is what is at stake here. there with you and tell you this: The all we are asking for. My point is not to disagree. The public sector unions need to give more, I do not deny there are going to be chairman has insights into veterans because you know what happens if they proxy fights on this. I will not deny that I think are second to none. The don’t? They get painted with those ex- that I believe the public sector unions committee works together on this. amples. need to be in a partnership with this. I I hear some people say there are believe we should have had them in a Once again, when you gain the most 350,000 employees in the VA, and they hearing and set those union members votes, you get the majority, and I re- gave five examples of five bad people. down there and asked them: How in spect that. But I would also say that if You should give those examples. That God’s name can you justify this? Ask we want to build consensus around is unacceptable, horrid, and should them and say: What would help so that this, I am going to offer up a piece of never be agreed to. This is a zero sum we can do this? legislation that was written by a Re- proposition. If one bad employee gives I have witnessed this as a public publican Senator that has the ability substandard care, Mr. Chairman, to one schoolteacher. Beating up on public to pass, be signed into law, and will get veteran, that is a failure, and the ma- schoolteachers all the time is not the at the heart of this by going after the jority and the minority are in absolute best way to entice good people to go managers. agreement on that. into public school teaching. I ask peo- Mr. Chairman, it is important to me, But here is what I fear. We have had ple, whether it be teachers or the vet- and I know it is important to my chair- legislation—and I will offer up an erans—go ask your veterans, how many man, a Vietnam veteran himself, it is amendment to do this—that has bipar- have received quality care at the VA? important to the staff sitting behind, tisan support, that has Senate support. How many really appreciate that floor veterans ourselves, that we not allow We will see if I am right or wrong on nurse who did what he or she was sup- what has happened in this country to this, but I am almost certain—and it is posed to do? How many are grateful get into the Committee on Veterans’ our responsibility in this House not to that their cardiac surgeon is one of the Affairs, to divide us over talking points message things for those outside best in the world and is choosing to when our goals are exactly the same. groups to run attack ads, it is to get make less money to serve there? When we have legitimate differences, things that actually get through. But I won’t deny this. We have man- again, I don’t think it is fair to me, as I am saying today—and I will be the agers who are unaccountable. This a veteran and a union member, to put first to come back and tell you I was piece of legislation does not get at the something up that says you are choos- wrong on this—the process of getting heart of it because the teeth are saved ing sides. I am not choosing sides. We legislation into law to be enacted by for the rank-and-file members. I agree. are all in this together. What I disagree the agencies means compromise must I think the gentleman is exactly right. with is it is my opinion—and I wish I be there. I think we come back here in I want to read something. You tell would have had experts testify to this, October, this isn’t done yet. Why don’t me if this is okay. We had a VA em- employment law people, bring the we give on the 5 percent that is not ployee who was written up and subse- union folks in there, have us have this agreed upon and get the 95 percent quently fired because they were prac- debate so that we can say: you know right so we can act to enact it? This is ticing medicine without a license. That what, these changes are good, these going to be the perfect getting in the is outrageous. Outrageous that you won’t make a difference. way of the good, and I would argue the would go there and you don’t have the I respectfully oppose the way this zeal to get it done in the way of due license, and you are practicing medi- legislation is written. I respectfully to- process. cine. That person was fired. If we pass tally associate myself with the chair- I do not question the heart of any of this piece of legislation, they are done man on why he wants to do it and why my colleagues to get this right. I do and they are not coming back. he believes that this is best. I only ask,

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.057 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2117 take a look at some of the improving from its mission. When a veteran con- The premise of that system is we ought amendments that can get us all to the tacts the VA, they should have the red to have professional employees—not same point, and give us the benefit of carpet rolled out for them and treated political employees, not political ap- the doubt that we are not assuming the like heroes. Instead, they feel like they pointees—not subject to change be- worst. And I don’t—as some have said, are a burden. cause of the political whims that may this is an attempt to bust unions or The VA Accountability First Act is be blowing one way or the other. This bust the civil service system. That is one of many needed reforms. And it is bill risks demoralizing those who have the farthest thing from the chairman’s common sense, if you are involved in tirelessly been working to help our vet- mind. I know that because never, in my misconduct, you should be demoted, erans reintegrate into civilian life in experience, has he done anything to suspended, or fired. You shouldn’t get a communities across this country. disprove that veterans’ care comes pay raise or a bonus. If you are a whis- Let me make it clear—and I am sure first, quality of care at the VA comes tleblower, you should be protected. Dr. ROE is not surprised when I say first, and accountability must go with And the Secretary of the VA should this—that I agree with Mr. WALZ. If that. My concern is, this doesn’t get us have the flexibility to hold staff ac- there is an employee who is not per- there nor does it have a chance to be- countable. forming well, that employee ought not come into law. With those things, let’s I thank the chairman and the com- to be kept on. But this bill removes the come back at it, let’s approach it a lit- mittee for their work to create a cul- process that was negotiated, or could tle differently, and let’s find the com- ture of accountability at the VA. With be negotiated, in a collective bar- mon ground that is there. his leadership and with our partners, I gaining way. And if, by the way, it Mr. Chair, I reserve the balance of am confident that we will see some takes 300-plus days, then perhaps this my time. positive disruption that puts our vet- legislation could deal with that to Mr. ROE of Tennessee. Mr. Chair, I erans first. shorten it. There are ways this could yield myself such time as I may con- Mr. WALZ. Mr. Chairman, I yield 5 be dealt with that, in my view, will not minutes to the gentleman from Mary- sume. undermine the civil service protections With that impassioned plea, I was land (Mr. HOYER), my good friend, the that are important not only for the distinguished minority whip. asked yesterday on a Facebook page employees, but for the system itself. Mr. HOYER. Mr. Chairman, I thank who I might, from the other side of the I have no doubt there are measures the gentleman for yielding. that can be adopted to improve VA per- aisle, like to ride across the country I rise in opposition to this bill, and I with, and it was my friend TIM WALZ adopt many of the premises that my formance and effectively and fairly dis- cipline employees who engage in mis- who I would like to ride with. He very friend, Mr. WALZ, adopted. passionately represents veterans very I also adopt the premise of Dr. ROE, conduct. We ought not to tolerate that. well, and it has been an absolute pleas- who is a really dear friend of mine, But this bill does not include them. I ure to work on the committee with that TIM WALZ is the kind of guy you have not read Senator ISAKSON’s bill, him for the last 8 years. wouldn’t mind riding across the coun- but perhaps that is closer, and I look Mr. Chair, just a couple things. The try with. That is because he is honest, forward to reviewing it with both the bill subjects all career employees to he is knowledgeable, and he is sincere. chairman and the ranking member. this new formal removal authority, and Frankly, I attribute all of those same This bill goes too far, shreds basic this would include frontline employees, characteristics to Dr. ROE. due process rights, in my view, and middle management, even Senior Exec- But, Mr. Chairman, I rise in opposi- punishes even model employees. And utive Service employees. Just a couple tion to this bill. Everybody on this let me say as an aside, when I say it more things. It provides a unified proc- floor agrees that our veterans deserve undermines basic due process rights, ess, not a bunch of different ones, for the best care possible. There is no de- part of those rights are to have some employees to appeal major adverse ac- bate about that. All of us in this House time to get representation, to thought- tions and other actions for title 38 are focused on that goal. But this bill fully respond, to have some discovery when it pertains to a question involv- does nothing to meet that goal, in my as to what is going on here, what is ing direct patient care or clinical com- view. This bill is part of—and I do not being alleged, why is it being alleged, petence. ascribe it to Dr. ROE—a significantly and who is alleging it. This bill evis- The current grievance procedures can long history of a partisan effort to cerates that, in some respects. allow an appeal to drag on for almost scapegoat Federal civil servants that I am proud to represent 62,000 Fed- 350 days, and the House is the only leg- has been going on for decades, long be- eral employees in Maryland’s Fifth islative body that has passed a true ac- fore Dr. ROE got in it or Mr. WALZ got District, including many who work at countability bill. I know, having spo- in it. the VA’s clinic in Charlotte Hall and in ken with Secretary Shulkin yesterday, It is a follow-on to the dangerous hir- Camp Springs in the neighboring he very much wants this piece of legis- ing freeze the Trump administration Fourth District. We ought to remem- lation in his toolbox to help reform the imposed in January and the repeated ber, Mr. Chairman, that when we un- VA, which is desperately needed. attempts over the last several years to dermine our Federal workforce and our Mr. Chair, I yield 3 minutes to the extract more and more cuts from Fed- ability to recruit and retain the best gentlewoman from Washington (Mrs. eral employees’ pay and benefits, which and brightest, we undermine our gov- MCMORRIS RODGERS), our Conference contributed over $150 billion in cuts in ernment’s ability to serve the Amer- chair. pay and benefits over the last 6 years. ican people. So this is not just about Mrs. MCMORRIS RODGERS. Mr. Stripping away the rights of VA em- present employees. It is about those Chair, I thank our chairman for his ployees to work in a nonpartisan, pro- who might consider employment in the leadership on this important issue. fessional environment will not improve future. The way that a grateful nation shows the care our veterans and their fami- Mr. Chairman, I hope we don’t make its appreciation to those who have lies deserve and expect from the VA the mistake of, in effect, throwing the served is to make sure that they get medical system. baby out with the bath water. Let’s not the care that they need when the time This bill, in my view, would under- take away the rights and protections of comes. Every day, veterans contact my mine the collective bargaining rights— those who serve us so ably. office seeking help to address their I am a very strong supporter of collec- But, yes, I agree with Dr. ROE and concerns and help them navigate the tive bargaining rights—of VA employ- with Ranking Member WALZ. If there VA. ees serving as doctors, nurses, physical are those who are not serving us well, therapists, and others in critical jobs, yes, there ought to be a process; it b 1545 and disrupt the collaborative relation- ought to be fair, it ought to provide Mrs. MCMORRIS RODGERS. Mr. ship between VA managers and em- time in which to respond, not intermi- Chairman, the VA has one job. Its sole ployees that is essential to a successful nable time, so that we can have an mission is to serve our veterans—our workplace environment. agency of which we can be proud and heroes. But it is clear that too often Many years ago—almost 100 years does what we all want—serve our vet- this agency has become disconnected ago—we adopted a civil service system. erans in a way that we would expect,

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DEAR REPRESENTATIVE: On behalf of the 1.6 mentioned another person I wouldn’t Mr. Chairman, I rise in opposition to million members of the American Federation mind riding across the country with, H.R. 1259. of State, County and Municipal Employees and it was Mr. HOYER, just to clarify Every Member of Congress supports (AFSCME), I’m writing to urge you to op- the RECORD. accountability for employees at the pose H.R. 1259, which would eliminate collec- Mr. Chairman, just a couple of clari- Department of Veterans Affairs—ev- tive bargaining rights and fundamental due fication things. erybody. Building a culture of excel- process rights of employees at the Depart- All we have done with this bill is—we lence at the VA is critical to providing ment of Veterans Affairs (VA). veterans the care and support they de- The bill makes it easier to fire people for haven’t removed due process rights— a good reason or a bad reason. By elimi- we have just shortened the time. And serve. However, H.R. 1259 does not further nating merit-based principles for workers to show the concern that I had, I was facing a removal, demotion or suspension, afraid that if we used 14 or 15 calendar this goal, or improve outcomes at the the bill makes it easier for management or days—let’s say, President’s Day would VA. We are not going to be able to fire political appointees to scapegoat employees be on a Monday, which would be a holi- our way to better outcomes at the VA. that advocate strongly for the veteran pa- day—that would take a day away. So I The question posed by the VA Ac- tients they serve. Basic civil service due said let’s make this first part of this 15 countability First Act is whether ac- process rights are necessary to block corrup- countability or workers’ rights are mu- tion, patronage, discrimination, and polit- business days. So that is 3 weeks. And ical pressure to cover up problems in the de- then the accelerated review can go on tually exclusive. I, along with many of my colleagues, believe we can respect livery of services to veterans. 45 business days, which is 9 weeks. So The bill destroys the right of registered VA employees—a third of whom are this is 3 months of time, not a full nurses and other front-line VA employees to veterans themselves—while also ensur- year. But it simply compresses that use a union grievance procedure to effi- ing that poor-performing employees time into a 3-month timeframe that ciently and fairly address proposed adverse are held accountable. this could last. So I think that people employment actions. This is union busting. This legislation violates workers’ This bill will not help improve the care to have their due process rights protected. rights in two very specific ways: veterans from the VA but rather make such Mr. Chairman, I yield 2 minutes to First, it would erode due process pro- care politicized and subject to corrupting the gentleman from Florida (Mr. BILI- tections by giving employees too little and corrosive influences unrelated to qual- RAKIS), my good friend, vice chair of time—just 10 days—to prepare for a ity. Moreover, this bill sets a dangerous our committee. disciplinary hearing, and then just 7 precedent that could subsequently harm Mr. BILIRAKIS. Mr. Chairman, I more than one million additional federal days to file an appeal with the Merit workers in other agencies and occupations, have enjoyed working with my chair- Systems Protection Board. man, and, of course, our ranking mem- and the public they serve. We urge you to Second, it goes much further than vote against H.R. 1259. ber, on behalf of our true American he- past accountability bills by elimi- Sincerely, roes over the years, and we have got nating the use of collectively bar- SCOTT FREY, much more good work to do for our he- gained grievance procedures for front- Director of Federal Government Affairs. roes. line VA employees. Not only do collec- Mr. Chairman, too often, the VA has tively bargained procedures often lead AFGE, failed to hold employees accountable to quicker and simpler solutions, but March 7, 2017. Re AFGE Opposition to H.R. 1259. when they do not uphold their duty to they also give added protection to po- care for those who served. Hon. PHIL ROE, tential whistleblowers by acting as a Chairman, House Veterans’ Affairs Committee, The vast majority, as has been said check against managers who may re- Washington, DC. by our chairman, are hardworking and taliate against an employee who raises Hon. TIM WALZ, dedicated to our Nation’s heroes. But an issue. Ranking Member, House Veterans’ Affairs Com- those bad actors are harmful to vet- Mr. Chairman, there is no question mittee, Washington, DC. erans and the VA’s reputation as a that we have workforce challenges at DEAR CHAIRMAN ROE AND RANKING MEMBER whole. They must be fired. If a VA em- the VA, but this bill does not solve WALZ: I am writing on behalf of nearly 700,000 federal employees represented by the ployee fails in their duty to care for them. Instead, it eschews the Senate’s veterans, they should be removed, as I American Federation of Government Em- bipartisan accountability legislation in ployees, AFL–CIO (AFGE), including 230,000 said, from their post swiftly, no matter favor of a much more one-sided bill. employees of the Department of Veterans Af- how senior their position. To my colleagues who voted on VA fairs (VA) to urge you to oppose H.R. 1259, a It is unacceptable that it can take a accountability legislation in the past: bill introduced by Representative Phil Roe year, or even longer, to remove, de- This is not the same bill. It goes much (R–TN) to eliminate collective bargaining mote, or suspend a VA employee. The further. And I ask you to join me in op- rights and significantly cut the due process VA Accountability First Act would re- posing it. rights of employees facing a proposed re- move those bureaucratic roadblocks This is the first time the majority moval, demotion, or suspension (adverse ac- tion). and rid the agency of its toxic culture has targeted collective bargaining at H.R. 1259 is a direct assault on the union of mediocrity. the VA in this way. Your vote against rights of every VA employee, including more The bill would also safeguard whis- this bill today will show that you op- than 120,000 veterans within the VA work- tleblowers—that is necessary—from re- pose this very tactic. force. This bill will hurt, not fix, the VA. It taliation and protect employees’ due If we are serious about providing vet- will reverse the significant improvements process rights. erans the best care possible, we should made over the past two years, and will make I am proud to cosponsor the VA Ac- focus on removing the Federal hiring it harder for veterans to get the veteran-cen- countability First Act, and I strongly freeze, advancing the appeals mod- tric medical care and benefits on which they rely. urge passage. ernization bill, and other bipartisan ef- In addition to punitive, counterproductive Mr. WALZ. Mr. Chairman, I yield 3 forts that will immediately improve due process attacks recycled from earlier minutes to the gentleman from Cali- veterans’ access to high-quality care bills, H.R. 1259 breaks new ground by union- fornia (Mr. TAKANO), my good friend, and support. busting. The bill destroys the right of every the vice ranking member of the full Mr. Chairman, I include in the VA front line employee to use union griev- Committee on Veterans Affairs. RECORD a letter from the American ance procedures to efficiently and fairly ad- Mr. TAKANO. Mr. Chairman, I thank Federation of State, County and Mu- dress proposed adverse actions. The griev- ance procedure is not only part of the law the gentleman, Sergeant Major WALZ nicipal Employees in opposition to this from the State of Minnesota, for yield- bill, a letter from the American Fed- but also part of the contract negotiated be- tween labor and management. The only ave- ing me time. eration of Government Employees, as nue that VA front line employees will have I also would like to say to the chair- well as a letter from the American Fed- left is a rushed management-run appeals man, we had a wonderful time trav- eration of Labor and Congress of Indus- process that does not allow good employees eling to Afghanistan to pay respect to trial Organizations. enough time to gather the evidence they

VerDate Sep 11 2014 04:17 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.059 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2119 need to defend their jobs. For medical profes- Thank you for considering the views of Today, as a veteran of both the Army sionals facing proposed adverse actions re- AFGE. If you need more information, please and the United States Marine Corps, I lated to professional conduct or competence, contact Marilyn Park of my staff. rise on behalf of all those who have Sincerely, the reductions in the timeframe for the called, written, and stopped by my of- agency review process are more severe, even J. DAVID COX, Sr., though their cases typically involve complex National President. fice seeking reform and accountability medical issues. of the Department of Veterans Affairs. AFL–CIO, I, along with the chairman and my In addition, all front-line employees and March 8, 2017. colleagues on the House Committee on managers will have weaker rights to appeal Hon. PHIL ROE, to the Merit System Protection Board Veterans’ Affairs, introduced H.R. 1259, Chair, House Veterans’ Affairs Committee, the VA Accountability First Act of (MSPB), their first chance at an independent Washington, DC. review. They will only have seven days to ap- 2017. Today the House will vote to en- Hon. TIM WALZ, peal to the MSPB after they are fired (and Ranking Member, House Veterans’ Affairs Com- sure the VA can hold its employees ac- off the payroll), and the bill ties the hands of mittee, Washington, DC. countable for their actions and make the MSPB Administrative Judge (AJ) with DEAR CHAIRMAN ROE AND RANKING MEMBER sure that this agency remains com- the recycled ‘‘one-size-fits-all’’ prohibition WALZ: On behalf of the AFL–CIO, I urge you mitted and connected to its sole mis- against mitigating the penalty, regardless of to reject the VA Accountability First Act sion of serving our Nation’s veterans. the facts of the individual case. (H.R. 1259), introduced by Chairman David Additionally, this bill would provide When the employee loses at the MSPB Roe. H.R. 1259 is a thinly veiled effort to de- improved protections for whistle- (which happens in 80% of cases now), he stroy union rights and shift the blame for management failures at the VA onto the blowers to ensure those brave enough would have only seven days to prepare an ap- to tell Congress and the American peo- peal to the United States Court of Appeals backs of front line employees. The bill severely truncates the appeals ple what is really happening at the VA for the Federal Circuit. process in current law and destroys griev- are protected. How does this impact the life of a veteran ance procedures that have been successfully After the wait-time scandal in Phoe- working in a VA? What if a veteran working used throughout the federal government to nix and the over $1 billion cost overrun provide stability and protection against arbi- in a regional office processing claims is try- at the Aurora VA hospital, it is time ing to do his job in the face of unfair allega- trary treatment, and with it any guarantee tions of poor performance by a manager who that employees will feel safe speaking out that we reform the VA’s culture of cor- did not want to hire a veteran and did not against mismanagement or to protect pa- ruption and bureaucratic incom- train him properly before rushing him onto tient safety. petence. This legislation will help the the job? It means that he only has ten days Rather than building a culture of trust at VA meet our Nation’s obligations to to gather all the evidence he needs to re- the VA, H.R. 1259 would turn back the clock the men and women who have made to an era when employees could be fired with spond to a proposed removal and his man- tremendous sacrifices on behalf of our ager only has five days to decide whether to the slightest justification and almost no op- portunity to mount an effective defense. freedom. go ahead and fire him. Therefore, 15 days Worse, the bill would single out VA employ- Mr. WALZ. Mr. Chairman, may I in- after learning that he may be fired, he has ees for harsher treatment than other federal quire how much time I have remain- no job and no paycheck. Then he has one workers, including the recoupment of com- ing? week to get his appeal to the MSPB, during pensation already earned without adequate which he must hire an attorney if he can af- The Acting CHAIR (Mr. POE of due process, including pension benefits, and Texas). The gentleman from Minnesota ford one, where the AJ cannot give him a relocation and performance bonuses. suspension or demotion even if the judge be- The Roe bill reflects the Chairman’s oppo- has 10 minutes remaining. lieves that the facts dictate a less severe sition to collective bargaining and the cru- Mr. WALZ. Mr. Chairman, I yield punishment than removal. When the MSPB cial role labor organizations play in giving myself such time as I may consume. upholds the decision to fire him, he has just federal workers a voice on the job. For the Mr. Chair, you are hearing it here, one week to prepare his appeal to a federal 120,000 veterans who work at the VA, this bill and these are folks, we work together. appeals court (and again, hire an attorney if is not only a slap in the face but a betrayal This idea of accountability matters he can afford one), while he is without a job of the promise that they would be guaran- deeply to all of us. We know when you and without a paycheck. teed fair treatment if they came to work for the federal government. are in any business, this business—we Just last month, Chairman Roe stated that We urge you to reject H.R. 1259. have had colleagues of ours in here be ‘‘the men and women who have fought for Sincerely, arrested for buying cocaine from un- our great nation should never have to strug- WILLIAM SAMUEL, Director, dercover police officers in Washington, gle to find a job,’’ but his bill attacks every Government Affairs Department. option that veterans in the VA workforce D.C. have to save their jobs in the face of unjusti- Mr. ROE of Tennessee. Mr. Chairman, Well, that brings great discredit to fied firings. I thank my friend, Mr. TAKANO. every single one of us, but I certainly ‘‘If you engage in an unethical prac- don’t think it requires all of us, then, Chairman Roe has also expressed his inten- tice, if you cover up a serious problem, to go through the same thing that per- tions to reduce mismanagement at the VA, you should be fired. Period. It but his bill weakens the critical protections son is going through or deprive us our that VA employees need to speak up against shouldn’t be that difficult.’’ President rights of where we are at. This idea of mismanagement and patient harm. Every Barack Obama, at the Choice Act’s due process, and what we are asking day, employees throughout the VA report signing in 2014. about, is not something meant to pro- concerns to management that directly im- Dr. Shulkin is not a hard-line person. tect a bad employee. In fact, it is just pact patient safety, health care access, proc- He received 100 votes, Mr. Chairman, in the opposite. It is meant to improve essing of disability claims, and many other the Senate. I don’t know that anybody the workforce. functions essential to the agency mission. else in this confirmation process has My plea on this is—much of this bill, come close to that, but he has had Chairman Roe opposes the hiring freeze be- there is agreement on, Mr. TAKANO was cause he understands how critical it is for unanimous support. He has asked for right—it went a step further. Having veterans who depend on the VA to have a this. We worked with his office. He has been a rank-and-file person in a collec- ‘‘robust clinical workforce.’’ Yet his bill sin- personally asked that this be passed. tively bargained unit, my goal was to gles out VA employees, including every cli- That is why we are bringing this bill provide the best quality education so nician caring for veterans, for worse treat- down here in this form. ment than other federal employees through Mr. Chairman, I yield 2 minutes to our students could learn—an environ- recoupment of compensation already earned, the gentleman from Colorado (Mr. ment, quality teachers, and all of those things. including pensions, relocation bonuses, and COFFMAN), one of my great friends here performance bonuses. These provisions are in Congress, a fellow classmate. We I am at a loss for the desire to come unnecessary and violate due process. There came in together. We, too, have trav- here and decide that, and again, we say are already ample safeguards in the law it in passing: Well, I don’t want to de- against retention of improper relocation and eled to Afghanistan together to visit our Active Duty military in combat. ride all of those really good employees performance bonuses, and the VA has al- who are there. I just want to take away ready dismantled the relocation bonus pro- He, too, is a combat veteran. their collectively bargained right that gram that was the subject of abuse allega- b 1600 tions. In addition, this bill directly con- was there. tradicts private sector law that forbids the Mr. COFFMAN. Mr. Chair, I thank Even though we can give example recoupment of pensions. the chairman for yielding. after example, like Robert. He was a

VerDate Sep 11 2014 04:17 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.030 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2120 CONGRESSIONAL RECORD — HOUSE March 16, 2017 service-connected disabled Navy vet- I am not saying they would give us a I will tell you what a good first step eran with over a decade of experience suggestion. I want to be very honest would be: hire some surgeons. There at the Veterans Benefits Administra- and not disingenuous. They may not are openings there. This is our first tion. He was demoted after consist- answer us. We should have at least salvo at trying to fix the VA. We have ently, every single year, receiving asked them: What would you do to an appeals bill that every single vet- highly satisfactory or top-rated per- make this better? What could speed it erans service organization agrees: ap- formance reviews. Robert volunteered up, and what could protect them? peals modernization. We have worked to be part of a quality review team to We didn’t do that because we didn’t that thing through. We have had the get rid of the backlog, and he had the have a hearing, and I think that stops language. It is not here. audacity to tell his manager that there building the consensus. I think it We have a Choice bill that is expiring were better ways we could do this. Per- makes it harder to get this. August 7. We have had a hearing with haps all of this overtime pay and con- I will tell you this. The bill I keep the VA Secretary, and that is the way solidating all of these claims to one referencing that was over in the Senate it should have been. It is not here place was not in the best interest of had 45 Senate cosponsors. Good luck today. that. That manager, on the way out getting 45 of them to agree today. It is What we have is a bill that did not go the door, demoted and tried to remove Thursday, and we did it on an account- through regular order, a bill that obvi- Robert from that position. ability plea that also had the support ously didn’t build a consensus, and this Now, keep in mind, that same man- of every single one of those groups on is very unusual to have a bill from the ager, all of those years before, had there, except one, to support that piece VA Committee. I bet you 90 to 95 per- rated him well. Well, maybe something of legislation. cent of the time when one hits this happened. Maybe Robert started doing So we went a step further. We didn’t floor, it gets 300 to 400 votes up on that something wrong. Maybe Robert wasn’t have a hearing. We tried to let outside board, but this one is not. that good an employee. groups frame this as a veterans versus So, again, if the contention is that But again, under this piece of legisla- public sector union folks, who were Members of this House don’t care if tion, Robert’s collectively bargained also veterans. That is not what it is. there is a bad employee working there, right—which he used and grieved it and We just need to get it right. that is disingenuous and wrong. But if got back his job, and subsequently, the Mr. Chair, I reserve the balance of we do believe, putting it in place—and manager had problems on their per- my time. again, the example I gave, the chair- formance reviews, where it came from. Mr. ROE of Tennessee. Mr. Chair, I man is right. It took Robert 6 weeks to So again, don’t set this up as if ev- yield myself such time as I may con- get all of the information gathered to- erything is wrong. sume. gether because the manager who left And I would make note of this: We Mr. Chair, I think my good friend, was holding on to it and had to get the are doing our best to attract the best Mr. WALZ, helps make the point that union to force the release of that infor- and brightest to the VA. Nobody is de- this person who was aggrieved, it mation. His 14 days would have come fending the bad. But when I hear folks doesn’t have to last so long. You can and gone, and that is it. come to the floor and it is nothing but actually compress this time. As I men- This is why, sometimes, I am not what a horrific place this is, I leave tioned, it is not short; 3 months to get going to defend 400 days. That is ridicu- this for you, Mr. Chairman. this resolved. But this process we are lous. I am not going to spend—if they I also have the privilege of rep- putting together actually helps that are dragging their feet. But this guy resenting America’s premier medical person that has been aggrieved by the got fired by a manager, got demoted institution in the Mayo Clinic, and I supervisor, I would argue. down, wanted to get the information. look at what they do. Folks at Mayo Mr. Chair, I yield 11⁄2 minutes to the The outgoing manager said, ‘‘It isn’t Clinic will tell me some of the finest gentleman from Florida (Mr. DUNN), a my problem.’’ The union had to go— cardiac surgeons in the world are at new member of our committee, a vet- and had to go, in this case, almost to the Minneapolis VA. eran and physician from Florida. court—to get the information back to I will also tell you this. If you, in Mr. DUNN. Mr. Chair, I rise in sup- them so he could present a case that America, go to any hospital—Dr. ROE port of H.R. 1259, the VA Account- said exactly what was ruled upon: You can attest to this—the thing that you ability First Act of 2017. got fired illegally by a bad manager. should probably be most worried about President Lincoln reminds us of our I am telling people, if you are angry and the thing that kills most people— duty ‘‘to care for him who shall have when things go wrong at the VA, you over 90,000 a year—is hospital-acquired borne the battle,’’ and, frankly, our have got 330 million Americans who are infections. government has done a miserable job of with you. We have subpoenaed them. Do you know who does it better and it. None of them were collectively bar- has the lowest rate, better than Mayo While a large number of VA employ- gained. The problem is in management Clinic, better than Johns Hopkins? The ees honorably serve our veterans, that and middle management not doing VA. So somebody among those rank- is not always the case. In the real their job. and-file members who is cleaning the world, if you don’t do your job, you get Do your work. operating rooms and cleaning the fired. Yet we have employees at the VA You know what would be great is if equipment is doing so in a manner that who are guilty of gross misconduct, the management actually did what is better than any other. even major felonies, and they are still they are supposed to do and improved What message are we sending them on the job. bad performance before it gets to a today? If a manager doesn’t do their ‘‘Why is this?’’ you ask. Because the point where it causes problems and you job and decides they want to fire you, process to fire them is too arduous. actually improve that employee, which we are going to lump everybody to- The VA system that lives up to our saves us money from having to go out gether. I just ask, once again, to my veterans’ sacrifices starts with per- and hire someone else and you have the colleagues, to this body, these are sonnel. The VA Accountability First system working better. But to watch things that should have been debated Act is a great first step in addressing something go wrong, not do your due in a hearing. We should have brought poor performance and misconduct at diligence, not follow the law, then fire in the experts. the VA. It will allow Secretary Shulkin someone and then complain that it Here is what I think. I think you to make substantive changes as he takes too long to fix it, how about we would build a broader coalition—be- works to improve veterans’ care. figure out what really gets, keeps, re- cause I have to be very honest with We need to make the VA work for tains, and makes the VA better? you. I think our public sector unions our veterans instead of our bureau- There are other places that we could could help us and step up and say: crats. work on. Ninety percent of it, you have What was the real situation here? How Mr. WALZ. Mr. Chair, I yield myself got my agreement. I think you are do you respond to this egregious breach such time as I may consume. going to see that 10 percent is going to of trust? And what do you think would Again, we are not going to find a lot ensure this does not get into law; and be a better way? of disagreement. that, in itself, is simply wrong because

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.062 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2121 no one disagrees. We could make this has a lot of good people who actually tleman from Utah (Mr. CHAFFETZ) is system work better. work there, do care, and have big going to use the Oversight and Govern- Mr. Chair, I reserve the balance of hearts. With a government of more ment Reform Committee to provide my time. than 2 million people, every once in a oversight of this administration. I wel- Mr. ROE of Tennessee. Mr. Chair, I while you come across some bad apples. come it. I have some suggestions for will just point out that I don’t think They may be a poor performer, or they some other oversight of the adminis- the VA has a reputation of firing too may just have their heart in a different tration, and I would be glad to share many people. place, and we have got to deal with them. Mr. Chair, I yield 1 minute to the these bad apples. I reserve the balance of my time. gentleman from Florida (Mr. RUTHER- While you have a whole set of people Mr. ROE of Tennessee. Mr. Chairman, FORD), a new Member, and a very active who are actually trying to do the right I yield 1 minute to the gentleman from member of our committee. thing, you are going to run into some Indiana (Mr. BANKS), a new member of Mr. RUTHERFORD. Mr. Chairman, I people every once in a while who aren’t our committee who is also in the Re- thank my colleague from Tennessee for doing the right thing, and you have to serves serving our Nation in the mili- this opportunity. be able to dismiss them. tary. I rise today, Mr. Chairman, in sup- Now, the Oversight and Government Mr. BANKS of Indiana. Mr. Chair- port of H.R. 1259, the VA Account- Reform Committee has jurisdiction on man, let me first commend the gen- ability First Act, because our veterans the Federal civilian workforce, and we tleman from Tennessee (Mr. ROE) for deserve to receive the best care pos- have worked closely with Chairman his leadership on this issue and so sible, and our VA personnel deserve to ROE of Tennessee to help make this many others on behalf of our veteran work alongside only the best qualified possible. population. and professional caregivers. Through the last couple of years that As a veteran myself of the war in Af- Mr. Chairman, I am proud to serve I have been chairman of the Oversight ghanistan, I have a deep commitment almost 100,000 veterans in northeast and Government Reform Committee, to ensuring that my fellow veterans re- Florida, and this important bill will we have heard a number of accounts ceive the proper care and treatment where Federal employees couldn’t be ensure that veterans throughout the that they have earned by serving our disciplined fast enough. It was obvious Nation get the care and respect that country. That is why I am proud to be what they had done, but they had run they have earned. an original cosponsor of the VA Ac- into roadblocks in being able to dis- In addition, thousands of good and countability First Act. miss people. This bipartisan legislation will give caring VA employees dedicate their We heard horror stories from the En- Secretary Shulkin the tools that he lives to serving our veterans in some of vironmental Protection Agency where needs to change the dysfunctional cul- their greatest times of need. But it is there was a sexually harassed intern ture of the VA. It has been 3 years unfair—unfair—to these many hard- that lasted for 3 years. It took 5 weeks since the wait list at VA facilities be- working VA employees when those to process the harasser’s removal pro- came public, yet too many of our vet- working alongside of them engage in ceedings. misconduct and they are not held ac- We heard the Government Account- erans deal with VA employees who en- countable. ability Office come and testify before gage in misconduct that could endan- Mr. Chairman, our veterans deserve our committee that it can take 6 ger their lives. better, and our caring, hardworking VA months to a year to remove a Federal Too often, it takes months or even employees deserve better. As has been employee for poor performance. You years to remove those employees. stated multiple times, this bill does know what? That isn’t good enough. Worse still, sometimes these employees not eliminate employee due process. When you have a bad apple and some- are not removed at all. Most VA em- My colleagues and I in Congress carry body is misusing the system and they ployees, though, are hardworking and a sacred obligation to our veterans, are not performing, they are hurting dedicated people, which makes it that have a sacred obligation to our Nation our veterans. And when they are hurt- much more unfair when the VA can’t to improve accountability at our VA. ing our veterans, I take that person- or won’t hold bad employees account- Mr. WALZ. Mr. Chair, after the gen- ally. Everybody should take that per- able. tleman finishes with his speakers, I sonally. Nobody wants to see that hap- We can and must do better, and this will close. pen. bill is a first step in that process. I reserve the balance of my time. So this bill, H.R. 1259, is a very im- The Acting CHAIR. The time of the Mr. ROE of Tennessee. Mr. Chair, I portant bill to accelerate that process. gentleman has expired. would like to inquire as to the balance Again, let’s remember that most of the Mr. ROE of Tennessee. Mr. Chair, I of my time. people who work there are good, hard- yield an additional 30 seconds to the The Acting CHAIR. The gentleman working, patriotic people who care. gentleman. has 9 minutes remaining. But when you do have a bad apple and Mr. BANKS of Indiana. The bill Mr. ROE of Tennessee. Mr. Chair, I you do need to get rid of that person, would shorten the time it takes to fire yield 3 minutes to the gentleman from we have to have an expedited removal a VA employee for misconduct, give Utah (Mr. CHAFFETZ), the chairman of proceeding. the Secretary the discretion to both re- the Oversight and Government Reform I know this bill does a number of voke bonuses previously paid to em- Committee, a fellow classmate. things, but I can tell you, having heard ployees engaging in misconduct and re- duce pensions of employees found b 1615 testimony time and time and time again in a variety of Federal agencies, guilty of felonies while on the job, and Mr. CHAFFETZ. Mr. Chair, I really especially the VA, this is a much-need- provide improved protections for whis- appreciate what Chairman ROE of Ten- ed bill. tleblowers. nessee is doing. He pours his heart and We are going to work as a committee These are commonsense proposals soul into one of the most important to implement reforms like this govern- supported by many veterans’ groups. issues and things we can deal with here mentwide. To put the Veterans Admin- This bill is also supported by Secretary in Congress and, that is, helping our istration first and deal with this first, Shulkin. It is a no-brainer, and that is veterans. I think, is the right priority of this why I support it. Veterans step up and serve in our Congress. Mr. WALZ. Mr. Chairman, I reserve military. I stand in awe. They do the Again, hats off to Chairman ROE of the balance of my time. heavy lifting. They run through the Tennessee and the committee as a Mr. ROE of Tennessee. Mr. Chairman, fire. They engage. Then they come whole for addressing this so aggres- I yield 2 minutes to the gentleman home, and we have got to do a better sively and so early in the 115th Con- from Colorado (Mr. LAMBORN), a good job of taking care of those people who gress. friend and long-term member of the take care of us. I urge passage of H.R. 1259. Veterans’ Affairs Committee. The Veterans Administration, just Mr. WALZ. Mr. Chairman, I would Mr. LAMBORN. Mr. Chairman, I like the rest of Federal Government, say that I am pleased that the gen- thank Chairman ROE of Tennessee for

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.063 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2122 CONGRESSIONAL RECORD — HOUSE March 16, 2017 his leadership on this legislation and Mr. Chair, I yield back the balance of ‘‘(b) PAY OF CERTAIN DEMOTED INDIVID- also for letting me speak. my time. UALS.—(1) Notwithstanding any other provision I rise today in strong support of H.R. The Acting CHAIR. All time for gen- of law, any individual subject to a demotion 1259, the VA Accountability First Act. eral debate has expired. under subsection (a)(2) shall, beginning on the date of such demotion, receive the annual rate For years, my colleagues and I have Pursuant to the rule, the bill shall be of pay applicable to such grade. fought hard to hold VA bureaucrats ac- considered for amendment under the 5- ‘‘(2) An individual so demoted may not be countable. The VA still lacks the abil- minute rule. placed on administrative leave during the period ity to take swift action against em- It shall be in order to consider as an during which an appeal (if any) under this sec- ployees who prevent veterans from get- original bill for the purpose of amend- tion is ongoing, and may only receive pay if the ting the benefits that they have ment under the 5-minute rule an individual reports for duty or is approved to use amendment in the nature of a sub- accrued unused annual, sick, family medical, earned. military, or court leave. If an individual so de- We should be able to terminate sen- stitute consisting of the text of Rules moted does not report for duty or receive ap- ior executives at failing hospitals that Committee Print 115–7. That amend- proval to use accrued unused leave, such indi- force veterans to languish on secret ment in the nature of a substitute shall vidual shall not receive pay or other benefits wait lists. We should not award bo- be considered as read. pursuant to subsection (e)(5). nuses to poorly performing employees The text of the amendment in the na- ‘‘(c) NOTICE TO CONGRESS.—(1) Not later than who engage in misconduct, and we ture of a substitute is as follows: 30 days after removing, demoting, or suspending an individual employed in a senior executive po- shouldn’t provide full retirement bene- H.R. 1259 sition under subsection (a) or after removing, fits to convicted criminals whose crime Be it enacted by the Senate and House of Rep- demoting, or suspending an individual under harmed veterans. resentatives of the United States of America in chapter 74 of this title, the Secretary shall sub- We can’t stop there. We must go fur- Congress assembled, mit to the Committees on Veterans’ Affairs of ther to pursue bold reform at the VA. I SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Senate and House of Representatives and to look forward to working with Chair- (a) SHORT TITLE.—This Act may be cited as each Member of Congress representing a district man ROE of Tennessee, Chairwoman the ‘‘VA Accountability First Act of 2017’’. in the State or territory where the facility where the individual was employed immediately before MCMORRIS RODGERS, and others to pass (b) TABLE OF CONTENTS.—The table of con- being removed, demoted, or suspended is located the Caring for Our Heroes in the 21st tents for this Act is as follows: Sec. 1. Short title; table of contents. notice in writing of such removal, demotion, or Century Act, which would finally em- suspension. Such notice shall include the job power veterans, including the almost Sec. 2. References to title 38, United States Code. title of the individual, the location where the in- 100,000 in my congressional district in Sec. 3. Removal, demotion, and suspension of dividual was employed immediately before being Colorado, to make their own employees based on performance removed, demoted, or suspended, the proposed healthcare decisions. or misconduct. action, and the reason for such removal, demo- Sec. 4. Reduction of benefits for Department of tion, or suspension. Let’s pass H.R. 1259 today. It is a ‘‘(2) Not later than 30 days after the last day Veterans Affairs employees con- good piece of legislation. of a fiscal year, the Secretary shall submit to victed of certain crimes. Mr. WALZ. Mr. Chair, may I inquire the Committees on Veterans’ Affairs of the Sen- Sec. 5. Authority to recoup bonuses or awards how much time I have remaining? ate and House of Representatives a report list- paid to employees of Department The Acting CHAIR. The gentleman ing all removals, demotions, and suspensions of Veterans Affairs. under this section or under chapter 74 of this from Minnesota has 1 minute remain- Sec. 6. Authority to recoup relocation expenses title during such fiscal year. Each such report ing. paid to or on behalf of employees Mr. WALZ. Mr. Chair, I am glad we shall include the job title of each individual re- of Department of Veterans Af- moved, demoted, or suspended, the location got an opportunity to debate this, fairs. where the individual was employed immediately which is what we should do. There is no Sec. 7. Time period for response to notice of ad- before being so removed, demoted or suspended, disagreement that we need to hold verse actions against supervisory the proposed action, and the reason for such re- folks accountable. We need to get the employees who commit prohibited moval, demotion, or suspension. best people at the VA. We need to com- personnel actions. ‘‘(3) In this subsection, the term ‘senior execu- Sec. 8. Direct hiring authority for medical cen- tive position’ means, with respect to a career ap- mit to improving the VA the best we ter directors and VISN directors. can. pointee (as that term is defined in section Sec. 9. Time periods for review of adverse ac- 3132(a)(4) of title 5), a Senior Executive Service My respect and admiration for the tions with respect to certain em- position (as such term is defined in section chairman is as it has always been, the ployees. 3132(a)(2) of title 5). highest it can be. I know his heart and SEC. 2. REFERENCES TO TITLE 38, UNITED ‘‘(d) PROCEDURE.—(1) Subsection (b) of sec- his intellect is aimed at that. We have STATES CODE. tion 7513 of title 5 shall apply with respect to a some legitimate differences on this. I Except as otherwise expressly provided, when- removal, demotion, or suspension under this sec- don’t believe they are so big they can’t ever in this Act an amendment or repeal is ex- tion, except that the period for notice and re- be overcome. I do believe we should try pressed in terms of an amendment to, or repeal sponse, which includes the advance notice pe- of, a section or other provision, the reference riod required by paragraph (1) of such sub- and keep this away from the partisan- shall be considered to be made to a section or section and the response period required by ship that so often engulfs this House. other provision of title 38, United States Code. paragraph (2) of such subsection, shall not ex- My commitment to Chairman ROE of SEC. 3. REMOVAL, DEMOTION, AND SUSPENSION ceed a total of 10 business days. Subsection (c) Tennessee is to do the best I can to OF EMPLOYEES BASED ON PER- of such section and section 7121 of such title continue to try and improve upon FORMANCE OR MISCONDUCT. shall not apply with respect to such a removal, these. We have a lot more work to do (a) IN GENERAL.—Subchapter I of chapter 7 is demotion, or suspension. that will be happening together to im- amended by adding at the end the following ‘‘(2) The Secretary shall issue a final decision new section: with respect to a removal, demotion, or suspen- prove the care of our veterans. sion under this section— ‘‘§ 719. Employees: removal, demotion, or sus- I yield back the balance of my time. ‘‘(A) in the case of a proposed removal, demo- pension based on performance or mis- Mr. ROE of Tennessee. Mr. Chairman, tion, or suspension to which an individual re- conduct to go along with what Sergeant Major sponds under paragraph (1), not later than five ‘‘(a) IN GENERAL.—The Secretary may remove, WALZ said, it is truly a privilege to business days after receiving the response of the work with him on these issues. His demote, or suspend an individual who is an em- individual; or ployee of the Department if the Secretary deter- heart is in the right place. He truly ‘‘(B) in the case of a proposed removal, demo- mines the performance or misconduct of the in- tion, or suspension to which an individual does cares about veterans. dividual warrants such removal, demotion, or not respond, not later than 15 business days I believe this bill, though, does do suspension. If the Secretary so removes, de- after the Secretary provides notice to the indi- what needs to be done. Secretary motes, or suspends such an individual, the Sec- vidual under paragraph (1). Shulkin—approved 100–0 in the Sen- retary may— ‘‘(3) The procedures under chapter 43 of title ate—believes that he needs this tool to ‘‘(1) remove the individual from the civil serv- 5 shall not apply to a removal, demotion, or sus- be able to reform the VA. I think it is ice (as defined in section 2101 of title 5); pension under this section. imperative that we, as legislators, pro- ‘‘(2) demote the individual by means of a re- ‘‘(4)(A) Subject to subparagraph (B) and sub- duction in grade for which the individual is section (e), any removal, demotion, or suspen- vide him the tools when we say we de- qualified, that the Secretary determines is ap- sion under subsection (a) may be appealed to mand accountability at the VA. propriate, and that reduces the annual rate of the Merit Systems Protection Board, which shall Once again, I encourage all Members pay of the individual; or refer such appeal to an administrative judge to support H.R. 1259. ‘‘(3) suspend the individual. pursuant to section 7701(b)(1) of title 5.

VerDate Sep 11 2014 04:17 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\K16MR7.066 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2123 ‘‘(B) An appeal under subparagraph (A) of a fined in section 731 of this title, the Secretary Department of Veterans Affairs pursuant to this removal, demotion, or suspension may only be may not remove, demote, or suspend such indi- section may be initiated, notwithstanding sec- made if such appeal is made not later than 7 vidual under subsection (a) until a final deci- tion 3592(b) of title 5, United States Code, or any days after the date of such removal, demotion, sion with respect to the whistleblower complaint other provision of law. or suspension. has been made. SEC. 4. REDUCTION OF BENEFITS FOR DEPART- ‘‘(e) EXPEDITED REVIEW.—(1) Upon receipt of ‘‘(g) TERMINATION OF INVESTIGATIONS BY OF- MENT OF VETERANS AFFAIRS EM- an appeal under subsection (d)(4)(A), the ad- FICE OF SPECIAL COUNSEL.—Notwithstanding PLOYEES CONVICTED OF CERTAIN ministrative judge shall expedite any such ap- any other provision of law, the Special Counsel CRIMES. peal under such section and, in any such case, (established by section 1211 of title 5) may termi- (a) REDUCTION OF BENEFITS.— shall issue a final and complete decision not nate an investigation of a prohibited personnel (1) IN GENERAL.—Subchapter I of chapter 7 is later than 45 business days after the date of the practice alleged by an employee or former em- further amended by inserting after section 719, appeal. ployee of the Department after the Special as added by section 3, the following new section: ‘‘(2) Notwithstanding section 7701(c)(1)(B) of Counsel provides to the employee or former em- ‘‘§ 721. Reduction of benefits of employees con- title 5, the administrative judge shall uphold the ployee a written statement of the reasons for the victed of certain crimes decision of the Secretary to remove, demote, or termination of the investigation. Such statement suspend an employee under subsection (a) if the ‘‘(a) REDUCTION OF ANNUITY FOR REMOVED may not be admissible as evidence in any judi- EMPLOYEE.—(1) The Secretary shall order that decision is supported by substantial evidence. If cial or administrative proceeding without the the decision of the Secretary is supported by the covered service of an employee of the De- consent of such employee or former employee. partment removed from a position for perform- substantial evidence, the administrative judge ‘‘(h) VACANCIES.—In the case of an individual shall not mitigate the penalty prescribed by the ance or misconduct under section 719 or 7461 of who is removed or demoted under subsection (a), this title or any other provision of law shall not Secretary. to the maximum extent feasible, the Secretary ‘‘(3)(A) The decision of the administrative be taken into account for purposes of calcu- shall fill the vacancy arising as a result of such judge under paragraph (1) may be appealed to lating an annuity with respect to such indi- removal or demotion. the Merit Systems Protection Board. vidual under chapter 83 or chapter 84 of title 5, ‘‘(B) An appeal under subparagraph (A) of a ‘‘(i) DEFINITIONS.—In this section: if— decision of an administrative judge may only be ‘‘(1) The term ‘individual’ means an indi- ‘‘(A) the Secretary determines that the indi- made if such appeal is made not later than 7 vidual occupying a position at the Department vidual is convicted of a felony that influenced business days after the date of the decision of but does not include— the individual’s performance while employed in the administrative judge. ‘‘(A) an individual appointed pursuant to sec- the position; ‘‘(4) In any case in which the administrative tion 7306, 7401(1), or 7405 of this title; ‘‘(B) before such order is made, the individual judge cannot issue a decision in accordance ‘‘(B) an individual who has not completed a is afforded— with the 45-day requirement under paragraph probationary or trial period; or ‘‘(i) notice of the proposed order; and (1), the Merit Systems Protection Board shall, ‘‘(C) a political appointee. ‘‘(ii) an opportunity to respond to the pro- not later than 14 business days after the expira- ‘‘(2) The term ‘suspend’ means the placing of posed order by not later than ten business days tion of the 45-day period, submit to the Commit- an employee, for disciplinary reasons, in a tem- following receipt of such notice; and tees on Veterans’ Affairs of the Senate and porary status without duties and pay for a pe- ‘‘(C) the Secretary issues the order— House of Representatives a report that explains riod in excess of 14 days. ‘‘(i) in the case of a proposed order to which the reasons why a decision was not issued in ac- ‘‘(3) The term ‘grade’ has the meaning given an individual responds under subparagraph cordance with such requirement. such term in section 7511(a) of title 5. (B)(ii), not later than five business days after ‘‘(5)(A) A decision of the Merit Systems Pro- ‘‘(4) The term ‘misconduct’ includes neglect of receiving the response of the individual; or tection Board under paragraph (3) may be ap- duty, malfeasance, or failure to accept a di- ‘‘(ii) in the case of a proposed order to which pealed to the United States Court of Appeals for rected reassignment or to accompany a position an individual does not respond, not later than the Federal Circuit pursuant to section 7703 of in a transfer of function. 15 business days after the Secretary provides no- title 5. ‘‘(5) The term ‘political appointee’ means an tice to the individual under subparagraph ‘‘(B) An appeal under subparagraph (A) of a individual who is— (B)(i). decision of the Merit Systems Protection Board ‘‘(A) employed in a position described under ‘‘(2) Upon the issuance of an order by the Sec- may only be made if such appeal is made not sections 5312 through 5316 of title 5 (relating to retary under paragraph (1), the individual shall later than 7 business days after the date of the the Executive Schedule); have an opportunity to appeal the order to the decision of the Board. ‘‘(B) a limited term appointee, limited emer- Director of the Office of Personnel Management ‘‘(C) Any decision by such Court shall be in gency appointee, or noncareer appointee in the before the date that is seven business days after compliance with section 7462(f)(2) of this title. Senior Executive Service, as defined under para- the date of such issuance. ‘‘(6) The Merit Systems Protection Board may graphs (5), (6), and (7), respectively, of section ‘‘(3) The Director of the Office of Personnel not stay any removal, demotion, under this sec- 3132(a) of title 5; or Management shall make a final decision with tion. ‘‘(C) employed in a position of a confidential respect to an appeal under paragraph (2) within ‘‘(7) During the period beginning on the date or policy-determining character under schedule 30 business days of receiving the appeal. on which an individual appeals a removal from C of subpart C of part 213 of title 5 of the Code ‘‘(b) REDUCTION OF ANNUITY FOR RETIRED EM- the civil service under subsection (d) and ending of Federal Regulations.’’. PLOYEE.—(1) The Secretary may order that the on the date that the United States Court of Ap- EPEAL OF SUPERCEDED PROVISION OF (b) R covered service of an individual who is removed peals for the Federal Circuit issues a final deci- LAW.— for performance or misconduct under section 719 sion on such appeal, such individual may not (1) IN GENERAL.—Section 713 of title 38, United or 7461 of this title or any other provision of law receive any pay, awards, bonuses, incentives, States Code, is hereby repealed. but who leaves employment at the Department allowances, differentials, student loan repay- (2) CLERICAL AMENDMENT.—The table of sec- prior to the issuance of a final decision with re- ments, special payments, or benefits related to tions at the beginning of chapter 7 is amended spect to such action shall not be taken into ac- the employment of the individual by the Depart- by striking the item relating to section 713. count for purposes of calculating an annuity ment. (c) CLERICAL AND CONFORMING AMEND- with respect to such individual under chapter 83 ‘‘(8) To the maximum extent practicable, the MENTS.— or chapter 84 of title 5, if— Secretary shall provide to the Merit Systems (1) CLERICAL.—The table of sections at the be- ‘‘(A) the Secretary determines that the indi- Protection Board such information and assist- ginning of chapter 7 is amended by inserting vidual is convicted of a felony that influenced ance as may be necessary to ensure an appeal after the item relating to section 717 the fol- the individual’s performance while employed in under this subsection is expedited. lowing new item: ‘‘(9) If an employee prevails on appeal under the position; ‘‘719. Employees: removal, demotion, or suspen- this section, the employee shall be entitled to ‘‘(B) before such order is made, the individual sion based on performance or mis- backpay (as provided in section 5596 of title 5). is afforded— conduct.’’. ‘‘(10) This subsection shall supercede any col- ‘‘(i) notice of the proposed order; and lective bargaining agreement to the extent that (2) CONFORMING.—Section 4303(f) of title 5, ‘‘(ii) opportunity to respond to the proposed such an agreement conflicts with this sub- United States Code, is amended— order by not later than ten business days fol- section. (A) by striking ‘‘or’’ at the end of paragraph lowing receipt of such notice; and ‘‘(f) WHISTLEBLOWER PROTECTION.—(1) In the (2); ‘‘(C) the Secretary issues the order— case of an individual seeking corrective action (B) by striking the period at the end of para- ‘‘(i) in the case of a proposed order to which (or on behalf of whom corrective action is graph (3) and inserting ‘‘, or’’; and an individual responds under subparagraph sought) from the Office of Special Counsel based (C) by adding at the end the following: (B)(ii), not later than five business days after on an alleged prohibited personnel practice de- ‘‘(4) any removal or demotion under section receiving the response of the individual; or scribed in section 2302(b) of title 5, the Secretary 719 of title 38.’’. ‘‘(ii) in the case of a proposed order to which may not remove, demote, or suspend such indi- (d) TEMPORARY EXEMPTION FROM CERTAIN an individual does not respond, not later than vidual under subsection (a) without the ap- LIMITATION ON INITIATION FROM REMOVAL 15 business days after the Secretary provides no- proval of the Special Counsel under section FROM SENIOR EXECUTIVE SERVICE.—During the tice to the individual under subparagraph 1214(f) of title 5. 120-day period beginning on the date of enact- (B)(i). ‘‘(2) In the case of an individual who has filed ment of this Act, an action to remove an indi- ‘‘(2) Upon the issuance of an order by the Sec- a whistleblower complaint, as such term is de- vidual from the Senior Executive Service at the retary under paragraph (1), the individual shall

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A16MR7.024 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2124 CONGRESSIONAL RECORD — HOUSE March 16, 2017 have an opportunity to appeal the order to the ‘‘(A) notice of the proposed order; and seven business days after the date of such Director of the Office of Personnel Management ‘‘(B) an opportunity to respond to the pro- issuance. before the date that is seven business days after posed order by not later than ten business days ‘‘(c) FINAL DECISIONS.—The head of the appli- the date of such issuance. after the receipt of such notice; and cable department or agency of the Federal Gov- ‘‘(3) The Director of the Office of Personnel ‘‘(3) the Secretary issues the order— ernment shall make a final decision with respect Management shall make a final decision with ‘‘(A) in the case of a proposed order to which to an appeal under subsection (b) within 30 respect to an appeal under paragraph (2) within an individual responds under paragraph (2)(B), days after receiving such appeal.’’. 30 business days of receiving the appeal. not later than five business days after receiving (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(c) ADMINISTRATIVE REQUIREMENTS.—Not the response of the individual; or tions at the beginning of such chapter is further later than 37 business days after the Secretary ‘‘(B) in the case of a proposed order to which amended by inserting after the item relating to issues a final order under subsection (a) or (b), an individual does not respond, not later than section 723, as added by section 5(b), the fol- the Director of the Office of Personnel Manage- 15 business days after the Secretary provides no- lowing new item: ment shall recalculate the annuity of the indi- tice to the individual under paragraph (2)(A). ‘‘725. Recoupment of relocation expenses paid to vidual. PPEALS.—Upon the issuance of an order ‘‘(b) A or on behalf of employees of De- ‘‘(d) LUMP-SUM ANNUITY CREDIT.—Any indi- by the Secretary under subsection (a), the indi- partment.’’. vidual with respect to whom an annuity is re- vidual shall have an opportunity to appeal the duced under subsection (a) or (b) shall be enti- order to another department or agency of the (c) EFFECTIVE DATE.—Section 725 of title 38, tled to be paid so much of such individual’s Federal Government before the date that is United States Code, as added by subsection (a), lump-sum credit as is attributable to the period seven business days after the date of such shall apply with respect to an amount paid by of covered service. issuance. the Secretary of Veterans Affairs to or on behalf ‘‘(e) SPOUSE OR CHILDREN EXCEPTION.—The ‘‘(c) FINAL DECISIONS.—The head of the appli- of an employee of the Department of Veterans Secretary, in consultation with the Office of cable department or agency of the Federal Gov- Affairs for relocation expenses on or after the Personnel Management, shall prescribe regula- ernment shall make a final decision with respect date of the enactment of this Act. tions that may provide for the payment to the to an appeal under subsection (b) within 30 SEC. 7. TIME PERIOD FOR RESPONSE TO NOTICE spouse or children of any individual referred to business days after receiving such appeal.’’. OF ADVERSE ACTIONS AGAINST SU- in subsection (a) or (b) of any amounts which (b) CLERICAL AMENDMENT.—The table of sec- PERVISORY EMPLOYEES WHO COM- (but for this subsection) would otherwise have tions at the beginning of such chapter, as MIT PROHIBITED PERSONNEL AC- TIONS. been nonpayable by reason of such subsections. amended by section 4, is amended by inserting Section 733(a)(2)(B) is amended— Any such regulations shall be consistent with after the item relating to section 721, as added (1) in clause (i), by striking ‘‘14 days’’ and in- the requirements of sections 8332(o)(5) and by section 4(a)(2), the following new item: serting ‘‘10 days’’; and 8411(l)(5) of title 5, as the case may be. ‘‘723. Recoupment of bonuses or awards paid to ‘‘(f) DEFINITIONS.—In this section: (2) in clause (ii), by striking ‘‘14-day period’’ ‘‘(1) The term ‘covered service’ means, with re- employees of Department.’’. and inserting ‘‘10-day period’’. spect to an individual subject to a removal for (c) EFFECTIVE DATE.—Section 723 of title 38, SEC. 8. DIRECT HIRING AUTHORITY FOR MEDICAL performance or misconduct under section 719 or United States Code, as added by subsection (a), CENTER DIRECTORS AND VISN DI- 7461 of this title or any other provision of law, shall apply with respect to an award or bonus RECTORS. the period of service beginning on the date that paid by the Secretary of Veterans Affairs to an (a) IN GENERAL.—Section 7401 is amended by the Secretary determines under such applicable employee of the Department of Veterans Affairs adding at the end the following new paragraph: provision that the individual engaged in activity on or after the date of the enactment of this Act. ‘‘(4) Medical center directors and directors of that gave rise to such action and ending on the (d) CONSTRUCTION.—Nothing in this Act or the Veterans Integrated Service Networks with dem- date that the individual is removed from or amendments made by this Act may be construed onstrated ability in the medical profession, in leaves a position of employment at the Depart- to modify the certification issued by the Office health care administration, or in health care fis- ment prior to the issuance of a final decision of Personnel Management and the Office of cal management.’’. with respect to such action. Management and Budget regarding the perform- (b) CONFORMING AMENDMENT.—Section ‘‘(2) The term ‘lump-sum credit’ has the mean- ance appraisal system of the Senior Executive 7404(a)(1) is amended by inserting ‘‘and 7401(4)’’ ing given such term in section 8331(8) or section Service of the Department of Veterans Affairs. after ‘‘7306’’. 8401(19) of title 5, as the case may be. SEC. 6. AUTHORITY TO RECOUP RELOCATION EX- SEC. 9. TIME PERIODS FOR REVIEW OF ADVERSE ‘‘(3) The term ‘service’ has the meaning given PENSES PAID TO OR ON BEHALF OF ACTIONS WITH RESPECT TO CER- such term in section 8331(12) or section 8401(26) EMPLOYEES OF DEPARTMENT OF TAIN EMPLOYEES. of title 5, as the case may be.’’. VETERANS AFFAIRS. (a) PHYSICIANS, DENTISTS, PODIATRISTS, (2) CLERICAL AMENDMENT.—The table of sec- (a) IN GENERAL.—Subchapter I of chapter 7 is CHIROPRACTORS, OPTOMETRISTS, REGISTERED tions at the beginning of chapter 7 is amended further amended by adding at the end the fol- NURSES, PHYSICIAN ASSISTANTS, AND EXPANDED- by inserting after the item relating to section lowing new section: FUNCTION DENTAL AUXILIARIES.—Section 719, as added by section 3, the following new ‘‘§ 725. Recoupment of relocation expenses 7461(b)(2) is amended to read as follows: item: paid on behalf of employees of Department ‘‘(2) In any case other than a case described ‘‘721. Reduction of benefits of employees con- ‘‘(a) IN GENERAL.—Notwithstanding any other in paragraph (1) that involves or includes a victed of certain crimes.’’. provision of law, the Secretary may issue an question of professional conduct or competence (b) APPLICATION.—Section 721 of title 38, order directing an employee of the Department in which a major adverse action was not taken, United States Code, as added by subsection to repay the amount, or a portion of the such an appeal shall be made through Depart- (a)(1), shall apply to any action of removal of amount, paid to or on behalf of the employee ment grievance procedures under section 7463 of an employee of the Department of Veterans Af- under title 5 for relocation expenses, including this title.’’. fairs under section 719 or 7461 of this title or any any expenses under section 5724 or 5724a of such (b) MAJOR ADVERSE ACTIONS INVOLVING PRO- other provision of law, commencing on or after title, or this title if— FESSIONAL CONDUCT OR COMPETENCE.—Section the date of the enactment of this Act. ‘‘(1) the Secretary determines that relocation 7462 is amended— SEC. 5. AUTHORITY TO RECOUP BONUSES OR expenses were not lawfully authorized or that (1) in subsection (b)— AWARDS PAID TO EMPLOYEES OF DE- the employee committed an act of fraud, waste, (A) in paragraph (1)— PARTMENT OF VETERANS AFFAIRS. or malfeasance that influenced the authoriza- (i) in subparagraph (A), by striking ‘‘At least (a) IN GENERAL.—Subchapter I of chapter 7 is tion of the relocation expenses; 30’’ and inserting ‘‘Ten business’’; and further amended by inserting after section 721, ‘‘(2) before such repayment, the employee is (ii) in subparagraph (B)— as added by section 4, the following new section: afforded— (I) by striking ‘‘A reasonable time, but not less ‘‘§ 723. Recoupment of bonuses or awards paid ‘‘(A) notice of the proposed order; and than seven days’’ and inserting ‘‘The oppor- to employees of Department ‘‘(B) an opportunity to respond to the pro- tunity, within the ten-day notice period’’; and ‘‘(a) IN GENERAL.—Notwithstanding any other posed order not later than ten business days fol- (II) by striking ‘‘orally and’’; provision of law, the Secretary may issue an lowing the receipt of such notice; and (B) in paragraph (3)— order directing an employee of the Department ‘‘(3) the Secretary issues the order— (i) by striking ‘‘(A) If a proposed adverse ac- to repay the amount, or a portion of the ‘‘(A) in the case of a proposed order to which tion covered by this section is not withdrawn’’ amount, of any award or bonus paid to the em- an individual responds under paragraph (2)(B), and inserting ‘‘After considering the employee’s ployee under title 5, including under chapter 45 not later than five business days after receiving answer, if any’’; or 53 of such title, or this title if— the response of the individual; or (ii) by striking ‘‘21 days’’ and inserting ‘‘5 ‘‘(1) the Secretary determines that the indi- ‘‘(B) in the case of a proposed order to which business days’’; vidual engaged in misconduct or poor perform- an individual does not respond, not later than (iii) by striking ‘‘answer. The decision shall ance prior to payment of the award or bonus, 15 business days after the Secretary provides no- include a statement of’’ and inserting ‘‘answer and that such award or bonus would not have tice to the individual under paragraph (2)(A). stating’’; and been paid, in whole or in part, had the mis- ‘‘(b) APPEALS.—Upon the issuance of an order (iv) by striking subparagraph (B); and conduct or poor performance been known prior by the Secretary under subsection (a), the indi- (C) in paragraph (4)— to payment; vidual shall have an opportunity to appeal the (i) by striking ‘‘(A) The Secretary’’ and all ‘‘(2) before such repayment, the employee is order to another department or agency of the that follows through ‘‘(B) The Secretary’’ and afforded— Federal Government before the date that is inserting ‘‘The Secretary’’; and

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A16MR7.024 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2125 (ii) by striking ‘‘30 days’’ and inserting ‘‘7 correction. It does not change my con- ‘‘(B) obtained without procedures required business days’’; cerns with the underlying bill on H.R. by a provision of law having been followed; (2) in subsection (c)— 1259, but I am not opposed to the tech- or (A) in paragraph (3), by inserting ‘‘the hear- nical corrections. ‘‘(C) unsupported by substantial evidence. ing must be concluded not later than 30 business ‘‘(c) RELATION TO OTHER PROVISIONS OF I yield back the balance of my time. days after the date on which the appeal is filed, LAW.—(1) The authority provided by sub- and’’ after ‘‘If such a hearing is held,’’; and Mr. ROE of Tennessee. Mr. Chairman, section (a) is in addition to the authority (B) in paragraph (4)— I urge approval of the amendment, and provided by section 3592 or subchapter V of (i) by striking ‘‘45 days’’ and inserting ‘‘15 I yield back the balance of my time. chapter 75 of title 5. business days’’; and The Acting CHAIR. The question is ‘‘(2) Section 3592(b)(1) of title 5 and the pro- (ii) by striking ‘‘120 days’’ and inserting ‘‘45 on the amendment offered by the gen- cedures under section 7543(b) of such title do business days’’; and tleman from Tennessee (Mr. ROE). not apply to an action under subsection (a). (3) in subsection (d)(1), by striking ‘‘90 days’’ The amendment was agreed to. ‘‘(d) DEFINITIONS.—In this section: and inserting ‘‘15 business days’’. ‘‘(1) The term ‘covered individual’ means— AMENDMENT NO. 2 OFFERED BY MR. WALZ (c) OTHER ADVERSE ACTIONS.—Section 7463 is ‘‘(A) a career appointee (as that term is de- amended— The Acting CHAIR. It is now in order fined in section 3132(a)(4) of title 5); or (1) by striking subsection (b) and redesig- to consider amendment No. 2 printed in ‘‘(B) any individual who occupies an ad- nating subsections (c) through (e) as subsections part A of House Report 115–39. ministrative or executive position and who (b) through (d), respectively; and Mr. WALZ. Mr. Chairman, I have an was appointed under section 7306(a) or sec- (2) in subsection (b)(2), as so redesignated— amendment at the desk. tion 7401(1) of this title. (A) in subparagraph (A), by striking ‘‘an ad- The Acting CHAIR. The Clerk will ‘‘(2) The term ‘misconduct’ includes ne- vance’’ and inserting ‘‘ten business days’’; and designate the amendment. glect of duty, malfeasance, or failure to ac- (B) in subparagraph (B)— The text of the amendment is as fol- cept a directed reassignment or to accom- (i) by striking ‘‘a reasonable time’’ and insert- lows: pany a position in a transfer of function. ing ‘‘the opportunity, within the ten business ‘‘(3) The term ‘senior executive position’ Strike section 3 and insert the following day notice period,’’; and means— new section 3: (ii) by striking ‘‘orally and’’. ‘‘(A) with respect to a career appointee (as SEC. 3. IMPROVED AUTHORITIES OF SECRETARY The Acting CHAIR. No amendment that term is defined in section 3132(a) of title OF VETERANS AFFAIRS TO IMPROVE 5), a Senior Executive Service position (as to that amendment in the nature of a ACCOUNTABILITY OF SENIOR EX- ECUTIVES. such term is defined in such section); and substitute shall be in order except ‘‘(B) with respect to a covered individual those printed in part A of House Report (a) ACCOUNTABILITY OF SENIOR EXECU- TIVES.— appointed under section 7306(a) or section 115–39. Each such amendment may be (1) IN GENERAL.—Section 713 of title 38, 7401(1) of this title, an administrative or ex- offered only in the order printed in the United States Code, is amended to read as ecutive position.’’. report, by a Member designated in the follows: (2) CONFORMING AMENDMENT.—Section report, shall be considered read, shall 7461(c)(1) of such title is amended by insert- ‘‘§ 713. Accountability of senior executives ing ‘‘employees in senior executive positions be debatable for the time specified in ‘‘(a) AUTHORITY.—(1) The Secretary may, the report, equally divided and con- (as defined in section 713(d) of this title) as provided in this section, reprimand or sus- and’’ before ‘‘interns’’. trolled by the proponent and an oppo- pend, involuntarily reassign, demote, or re- (b) PERFORMANCE MANAGEMENT.— nent, shall not be subject to amend- move a covered individual from a senior ex- (1) IN GENERAL.—The Secretary of Veterans ment, and shall not be subject to a de- ecutive position at the Department if the Affairs shall establish a performance man- mand for division of the question. Secretary determines that the misconduct or agement system for employees in senior ex- performance of the covered individual war- AMENDMENT NO. 1 OFFERED BY MR. ROE OF ecutive positions, as defined in section 713(d) rants such action. TENNESSEE of title 38, United States Code, as amended ‘‘(2) If the Secretary so removes such an in- by subsection (a), that ensures performance The Acting CHAIR. It is now in order dividual, the Secretary may remove the indi- ratings and awards given to such employ- to consider amendment No. 1 printed in vidual from the civil service (as defined in ees— part A of House Report 115–39. section 2101 of title 5). (A) meaningfully differentiate extraor- Mr. ROE of Tennessee. Mr. Chairman, ‘‘(b) RIGHTS AND PROCEDURES.—(1) A cov- dinary from satisfactory contributions; and I have an amendment at the desk. ered individual who is the subject of an ac- (B) substantively reflect organizational tion under subsection (a) is entitled to— The Acting CHAIR. The Clerk will achievements over which the employee has ‘‘(A) be represented by an attorney or responsibility and control. designate the amendment. other representative of the covered individ- The text of the amendment is as fol- (2) REGULATIONS.—The Secretary shall pre- ual’s choice; scribe regulations to carry out paragraph (1). lows: ‘‘(B) not fewer than 10 business days ad- Strike section 9 and insert the following Page 20, line 15, insert ‘‘to or’’ after vance written notice of the charges and evi- new section 9: ‘‘paid’’. dence supporting the action and an oppor- tunity to respond, in a manner prescribed by SEC. 9. REMOVAL OF EMPLOYEES OF DEPART- MENT OF VETERANS AFFAIRS BASED The Acting CHAIR. Pursuant to the Secretary, before a decision is made re- House Resolution 198, the gentleman ON PERFORMANCE OR MIS- garding the action; and CONDUCT. from Tennessee (Mr. ROE) and a Mem- ‘‘(C) grieve the action in accordance with (a) IN GENERAL.—Subchapter I of chapter 7 ber opposed each will control 5 min- an internal grievance process that the Sec- of title 38, United States Code, is further utes. retary, in consultation with the Assistant amended by inserting after section 713 the The Chair recognizes the gentleman Secretary for Accountability and Whistle- following new section: blower Protection, shall establish for pur- from Tennessee. ‘‘§ 714. Employees: removal based on perform- Mr. ROE of Tennessee. Mr. Chairman, poses of this subsection. ‘‘(2)(A) The Secretary shall ensure that the ance or misconduct this manager’s amendment would pro- grievance process established under para- ‘‘(a) IN GENERAL.—(1) The Secretary may vide technical changes to the bill, graph (1)(C) takes fewer than 21 days. remove a covered individual who is an em- while not changing the overall sub- ‘‘(B) The Secretary shall ensure that, ployee of the Department if the Secretary stance of the bill. The amendment is under the process established pursuant to determines that— noncontroversial and no cost. It does paragraph (1)(C), grievances are reviewed ‘‘(A) the performance or misconduct of the not change any underlying policy in only by employees of the Department. covered individual warrants such removal; and the bill. ‘‘(3) A decision or grievance decision under paragraph (1)(C) shall be final and conclu- ‘‘(B) in the case of removal for perform- I urge adoption of the amendment. sive. ance, a portion of such performance occurred I reserve the balance of my time. ‘‘(4) A covered individual adversely af- during the two-year period ending on the Mr. WALZ. Mr. Chairman, I claim fected by a final decision under paragraph date of the determination. the time in opposition, although I am (1)(C) may obtain judicial review of the deci- ‘‘(2) If the Secretary removes a covered in- not opposed to the amendment. sion. dividual under paragraph (1), the Secretary The Acting CHAIR. Without objec- ‘‘(5) In any case in which judicial review is may remove the covered individual from the tion, the gentleman from Minnesota is sought under paragraph (4), the court shall civil service (as defined in section 2101 of review the record and may set aside any De- title 5). recognized for 5 minutes. partment action found to be— ‘‘(3) Nothing in this section may be con- There was no objection. ‘‘(A) arbitrary, capricious, an abuse of dis- strued to authorize a finalized performance Mr. WALZ. Mr. Chairman, this cretion, or otherwise not in accordance with appraisal of an employee to be retroactively amendment is just a simple technical a provision of law; amended.

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.024 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2126 CONGRESSIONAL RECORD — HOUSE March 16, 2017 ‘‘(b) NOTICE TO CONGRESS.—Not later than such covered individual may not receive any here to offer amendments in good faith, 30 days after removing a covered individual pay, awards, bonuses, incentives, allowances, and I am grateful for that. under subsection (a), the Secretary shall sub- differentials, student loan repayments, spe- This amendment to H.R. 1259 would mit to the Committees on Veterans’ Affairs cial payments, or benefits. replace sections 3 and 9 of the under- of the Senate and House of Representatives ‘‘(4) To the maximum extent practicable, lying bill with bipartisan legislation notice in writing of such removal and the the Secretary shall provide to the Merit Sys- reason for such removal. tems Protection Board such information and from the Veterans First Act that was ‘‘(c) PROCEDURE.—(1) An employee removed assistance as may be necessary to ensure an first introduced by Senator ISAKSON under subsection (a) is entitled, before re- appeal under subsection (c)(2) is expedited. last Congress. This is a piece of legisla- moval, to— ‘‘(e) RELATION TO TITLE 5.—The authority tion I have been talking about. ‘‘(A) at least 10 business days written no- provided by this section is in addition to the It is supported from both sides of the tice (which, in the case of removal for per- authority provided by subchapter V of chap- aisle, as well as those veterans service formance, shall identify specific instances as ter 75 of title 5 and chapter 43 of such title. organizations, with the exception of described in clause (i) of section 4303(b)(1)(A) ‘‘(f) DEFINITIONS.—In this section: one, that was shown earlier. of title 5 and critical elements as described ‘‘(1) The term ‘covered individual’ means If we hope to reach any compromise in clause (ii) of such section), unless there is an individual occupying a position at the De- with the Senate on accountability, I reasonable cause to believe that the em- partment but does not include— believe this amendment could be made ployee committed a crime for which a sen- ‘‘(A) an individual, as that term is defined tence of imprisonment can be imposed— in section 713(d); or in order, be voted on, debated, and ‘‘(i) stating the specific reasons for the pro- ‘‘(B) a political appointee. passed into it. posed action; and ‘‘(2) The term ‘misconduct’ includes a vio- The amendment specifically targets ‘‘(ii) including a file containing all evi- lation of paragraph (8) or (9) of section senior executives. It has been the sen- dence in support of the proposed action; 2302(b) of title 5, neglect of duty, malfea- ior executives, not the frontline em- ‘‘(B) 10 business days to answer the charges sance, or failure to accept a directed reas- ployees, who we have subpoenaed be- orally and in writing and to furnish affida- signment or to accompany a position in a fore our committee, and who the VA vits and other documentary evidence in sup- transfer of function. has failed to hold accountable. port of the answer; ‘‘(3) The term ‘political appointee’ means Like H.R. 1259, it provides an expe- ‘‘(C) be represented by an attorney or other an individual who is— dited process for the VA Secretary to representative; ‘‘(A) employed in a position described hold senior executives and VA employ- under sections 5312 through 5316 of title 5 (re- ‘‘(D) a review of the case by the Secretary ees accountable. before a decision adverse to the employee is lating to the Executive Schedule); made final; ‘‘(B) a limited term appointee, limited For a senior executive employee, the ‘‘(E) as soon as practicable, a decision of emergency appointee, or noncareer ap- employee would get 10 business days’ the Secretary with respect to the charges of pointee in the Senior Executive Service, as notice. The employee subject to an ad- the employee; and defined under paragraphs (5), (6), and (7), re- verse action would be able to grieve the ‘‘(F) a written statement of the decision of spectively, of section 3132(a) of title 5; or action through an internal grievance the Secretary that— ‘‘(C) employed in a position of a confiden- process that would take no longer than ‘‘(i) includes the specific reasons of the de- tial or policy-determining character under 21 days. The employee would also be cision; and schedule C of subpart C of part 213 of title 5 permitted to appeal an adverse action ‘‘(ii) in the case of a removal based on per- of the Code of Federal Regulations.’’. to court. It would also require the VA formance, complies with section 4303(b)(1)(D) (b) CLERICAL AND CONFORMING AMEND- Secretary to develop a performance of title 5. MENTS.— ‘‘(2)(A) Subject to subparagraph (B) and (1) CLERICAL.—The table of sections at the management system for SES employ- subsection (e), any final decision of the Sec- beginning of such chapter is amended by in- ees. Do your job. Have the management retary regarding removal under subsection serting after the item relating to section 713 do their job. (a) may be appealed to the Merit Systems the following new item: For VA employees, the employee Protection Board. ‘‘714. Employees: removal based on perform- would be removed from misconduct or ‘‘(B) An appeal under subparagraph (A) of a ance or misconduct.’’. poor performance that took place with- removal may only be made if such appeal is (2) CONFORMING.— in the previous 2 years before the pro- made not later than 10 business days after posed removal. The employee would the date of such removal. (A) TITLE 5.—Section 4303(f) of title 5, ‘‘(C)(i) Subject to clause (ii), the decision United States Code, is amended— get 10 business days’ notice. The em- of the Secretary shall be sustained under (i) in paragraph (2), by striking ‘‘or’’ at the ployee would get 10 business days to re- subparagraph (A) only if the Secretary’s de- end; spond to the charges. The VA Sec- cision— (ii) in paragraph (3), by striking the period retary would be required to provide the ‘‘(I) in the case of an action based on per- at the end and inserting ‘‘, or’’; and employee a decision in a reasonable pe- formance, is supported by substantial evi- (iii) by adding at the end the following: riod of time, and the employee would dence; or ‘‘(4) any removal under section 714 of title have 10 days to appeal the decision to 38.’’. ‘‘(II) in any other case, is supported by a the Merit Systems Protection Board. preponderance of the evidence. (B) TITLE 38.—Subchapter V of chapter 74 of title 38, United States Code, is amended— This takes a little time. ‘‘(ii) Notwithstanding clause (i), the Sec- The Merit Systems Protection Board retary’s decision may not be sustained under (i) in section 7461(b)(1), by striking ‘‘If the’’ subparagraph (A) if the covered individual— and inserting ‘‘Except as provided in section would have 90 days to issue a decision. ‘‘(I) shows harmful error in the application 714 of this title, if the’’; and During that time, the employee would of the Secretary’s procedures in arriving at (ii) in section 7462— receive no pay and no benefits. such decision; (I) in subsection (a)(1), by striking ‘‘Dis- My amendment would also leave in ‘‘(II) shows that the decision was based on ciplinary’’ and inserting ‘‘Except as provided place sections 4 through 8 of H.R. 1259 any prohibited personnel practice described in section 714 of this title, the Disciplinary’’; because I agree employees convicted of in section 2302(b) of title 5; or and felonies connected to their jobs should ‘‘(III) shows that the decision was not in (II) in subsection (b)(1), by striking ‘‘In any not receive pensions, and poor-per- accordance with law. case’’ and inserting ‘‘Except as provided in forming employees should not receive section 714 of this title, in any case’’. ‘‘(3) The procedures under section 7513(b) of bonuses. No disagreement. title 5 and chapter 43 of such title shall not The Acting CHAIR. Pursuant to Most importantly, my amendment apply to a removal under this section. House Resolution 198, the gentleman ‘‘(d) EXPEDITED REVIEW.—(1) The Merit provides a fair process that protects from Minnesota (Mr. WALZ) and a Systems Protection Board shall promulgate whistleblowers. By allowing our front- such rules as the Board considers appro- Member opposed each will control 5 line employees to use arbitration and priate to expedite appeals under subsection minutes. grievance procedures under collective (c)(2). The Chair recognizes the gentleman bargaining agreements, these frontline ‘‘(2) The Board shall ensure that a final de- from Minnesota. employees remain protected from bad cision on an appeal described in paragraph Mr. WALZ. Mr. Chairman, I thank managers who want to retaliate (1) is issued not later than 90 days after the Chairman ROE of Tennessee and Chair- against them for speaking out when appeal is made. man SESSIONS of the Rules Committee ‘‘(3) During the period beginning on the something is wrong. date on which a covered individual appeals a for making this amendment in order. I I reserve the balance of my time. removal from the civil service under sub- have voiced my concern with the reg- Mr. ROE of Tennessee. Mr. Chairman, section (c)(2) and ending on the date that the ular order. I think it is important to I claim the time in opposition to the Board issues a final decision on such appeal, note that we are given the opportunity amendment.

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.025 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2127 The Acting CHAIR. The gentleman is In the end, the question is very clear: Mr. WALZ. Mr. Chairman, I demand recognized for 5 minutes. Do we want to stand with veterans and a recorded vote. Mr. ROE of Tennessee. Mr. Chairman, taxpayers to provide the Secretary The Acting CHAIR. Pursuant to I yield myself such time as I may con- with the appropriate tools he has asked clause 6 of rule XVIII, further pro- sume. for to hold these employees account- ceedings on the amendment offered by I appreciate the spirit in which this able? Or do we want to give in to spe- the gentleman from Minnesota will be amendment is proposed by the gen- cial interests groups to support the postponed. tleman from Minnesota (Mr. WALZ), status quo? The Chair understands that amend- but I must oppose it at this time. Once again, I urge all Members to op- ment No. 3 will not be offered. The amendment would dramatically pose the Walz amendment and support AMENDMENT NO. 4 OFFERED BY MS. KUSTER OF weaken the current accountability lan- the underlying bill. NEW HAMPSHIRE guage for non-SES employees to the Mr. Chairman, I reserve the balance The Acting CHAIR. It is now in order point that it would not be a meaningful of my time. to consider amendment No. 4 printed in improvement to or departure from cur- Mr. WALZ. Mr. Chairman, the choice part A of House Report 115–39. is not as easy as that. Do you want to rent law. Just as a point of clarifica- Ms. KUSTER of New Hampshire. Mr. stand with Robert, the good employee tion, the Senate never did move the Chairman, I have an amendment at the who was fired by a bad manager who Veterans First Act. desk. used the process to get their job back, The Acting CHAIR. The Clerk will b 1630 or do we want to just hurry it? designate the amendment. The amendment includes many of the It is better to get it right than get it The text of the amendment is as fol- archaic and unnecessary civil service done. And I will point out, AFGE, the lows: rules that currently hamper true re- union you keep hearing about, Mr. Page 8, line 20, insert ‘‘or section 733(c) of form and accountability at the Depart- Chairman, does not endorse my amend- this title’’ after ‘‘title 5’’. ment. And unlike H.R. 1259, which ment. They do not endorse my amend- The Acting CHAIR. Pursuant to would require the entire internal and ment, nor do I care about that. House Resolution 198, the gentlewoman What I do believe is that this amend- first level of external appeals process from New Hampshire (Ms. KUSTER) and ment has the opportunity to improve to be completed within 67 days, the a Member opposed each will control 5 upon on a bill that we 90 percent agree Walz amendment would allow for the minutes. upon, taking out the piece that is The Chair recognizes the gentle- process to take at least 120 days, and going to make it difficult and not im- this period could expand indefinitely. woman from New Hampshire. prove care for our veterans. And I Ms. KUSTER of New Hampshire. Mr. Additionally, the standard used in guess the thing that I would hope mat- Chairman, today I speak on behalf of this agreement for removing or demot- ters, I believe—and we will come back my amendment, Kuster amendment ing employees for performance is not a here and see. We will see. That is the No. 4. I firmly believe that my amend- meaningful departure from current good part about this place. If this piece ment will improve accountability at law, and I fear it won’t make any true of legislation is passed by October, by the Veterans Administration. changes that are desperately needed at Halloween, we should have this bill One of my concerns with the bill be- VA. through and it should be done, and we fore us is that it will inadvertently On the collective bargaining piece, I should be seeing changes. hurt whistleblowers through retalia- understand the ranking member’s con- If we don’t, perhaps we do this exer- tion and other discriminatory prac- cern, but the last thing I want to do is cise again, through regular order, tak- tices. Whistleblowers are vital for our create a giant loophole that makes it ing some of these suggestions that mission to ensure accountability at the harder to discipline bad employees. make it possible to get it done. VA. Just looking at one of VA’s master I encourage my colleagues to support As the ranking member of the Over- contracts with employee unions, this change that makes sure we can get sight and Investigations Sub- AFGE, which is the largest union at accountability. Let’s agree where we committee, I know that whistleblowers VA, one can see that the grievance pro- know we agree. It is not picking one provide the VA and our committee cedures that he wishes to keep in place over the other. It is deciding how you with information of misconduct before to dispute discipline can extend to al- give due process, encouraging good em- it goes too far or before those respon- most 350 days, and this timeline can be ployees to have the rights that they sible can deflect blame or otherwise easily extended. have earned to improve that care and hide incriminating details. We must With the Walz amendment, we would workplace while at the same time re- ensure that these folks are protected in be creating a giant loophole where the moving those that don’t. any bill that seeks to streamline the Secretary would have one expedited Mr. Chairman, I yield back the bal- VA’s ability to release employees. process in place, while the long and ad- ance of my time. I appreciate the inclusion of whistle- ministratively burdensome grievance Mr. ROE of Tennessee. Mr. Chairman, blower protections within section 3 of process remains in place for nearly I am just looking at the AFGE website, the bill. We understand the importance 285,000 employees at the Department, and it does have support for the Vet- of protecting whistleblowers, and my or 76 percent of the VA’s workforce. erans First Act here on the website; so amendment would improve upon this Clearly, covering only 24 percent of that is true. language. the VA workforce under an expedited Mr. WALZ. Will the gentleman yield? Last year’s MILCON-VA appropria- authority is not what I want to do, nor Mr. ROE of Tennessee. I yield to the tions bill included what is now section do I expect veterans and taxpayers or gentleman from Minnesota. 733 of title 38. This title clarifies and Mr. WALZ. This is not the Veterans the Secretary want to do. further specifies prohibited personnel First Act. It is pieces from the Vet- Additionally, when the committee actions as they relate to VA whistle- erans First Act, but changes. first began working on accountability Mr. ROE of Tennessee. Mr. Chairman, blowers. For example, section 733 ex- issues at VA, they were told by the reclaiming my time. plicitly prohibits the denial of an oth- largest Federal Government union, Basically, the accountability provi- erwise meritorious promotion because AFGE general counsel, that the union sions are the same. I, once again, urge that employee filed a whistleblower would never support any legislation all Members to oppose the Walz amend- complaint. The bill currently only ref- that changes the status quo. ment and support the underlying bill. erences more generic protections found Based on AFGE’s strong support for Mr. Chairman, I yield back the bal- within title 5. language identical to the Walz amend- ance of my time. Section 733 was added because of con- ment last Congress, I think the mes- The Acting CHAIR. The question is cerns that title 5 was not specific sage is clear. If Congress adopts this on the amendment offered by the gen- enough to the issues that face the VA. language, we would not be protecting tleman from Minnesota (Mr. WALZ). This amendment will ensure that an taxpayers or veterans, and we would be The question was taken; and the Act- employee is protected if they help the supporting the corrupt status quo that ing Chair announced that the noes ap- GAO or the VA Office of Inspector Gen- fails VA employees and veterans daily. peared to have it. eral in any investigations.

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.071 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2128 CONGRESSIONAL RECORD — HOUSE March 16, 2017 This language is bipartisan in nature, Page 9, line 20, strike ‘‘(i)’’ and insert ‘‘(j)’’. used their positions to negotiate to get and my amendment is supported by the The Acting CHAIR. Pursuant to there, and then, in some cases, took Project on Government Oversight, an House Resolution 198, the gentleman $129,000 moving expenses. independent nonprofit that seeks to from Virginia (Mr. TAYLOR) and a You cannot find anyone more out- improve accountability. Member opposed each will control 5 raged than me. And I will tell you, be- My amendment aligns with the spirit minutes. cause it was not done correctly, and we of this bill. It protects those who The Chair recognizes the gentleman didn’t focus on this, I still work with virtuously serve our Nation’s veterans, from Virginia. some of those very same people. They and punishes those who do wrong by Mr. TAYLOR. Mr. Chairman, I rise to have their jobs back. them. I urge my colleagues to vote offer my amendment to the VA Ac- Now, the debate that the gentleman ‘‘yes’’ on my amendment, Kuster No. 4, countability First Act. This amend- may have heard earlier is we don’t dis- because it is common sense and the ment would require the Secretary of agree at all that we should get rid of right thing to do. Veterans Affairs to submit a semi-an- these people. This amendment will Mr. Chairman, I reserve the balance nual report to Congress on the reasons focus on the right things, that is what of my time. and costs of the transfer of any senior we have been making the case of. Mr. ROE of Tennessee. Mr. Chairman, executive employees within the De- So I applaud the gentleman. I am I ask unanimous consent to rise in op- partment. glad he is here. His military service is position, although I am not opposed. Mr. Chairman, in my district and the greatly appreciated. The statistics he The Acting CHAIR. Is there objection surrounding area, we have the fastest- gave on veterans shows that he will be to the request of the gentleman? growing veterans’ population in the there. I support this amendment, and I There was no objection. Nation, specifically, with women vet- certainly believe that my colleagues The Acting CHAIR. The gentleman is erans, Operation Enduring Freedom should all support it. recognized for 5 minutes. veterans, and Operation Iraqi Freedom It is this type of work that improves Mr. ROE of Tennessee. Mr. Chairman, veterans. I am honored to serve in the upon a bill, as I say, once again, 90 per- I yield myself such time as I may con- district that has the largest population cent of what is in this bill is in abso- sume. of Active Duty and veterans in the lute agreement. This just makes the Mr. Chairman, the amendment would country. bill better. allow a whistleblower who is alleging Our own VA center, where I person- Mr. Chairman, I yield back the bal- prohibited personnel practices, as de- ally receive care, was previously rated ance of my time. Mr. TAYLOR. Mr. Chairman, I yield 1 fined in title 38, from being disciplined as a one-star facility, the lowest rating minute to the gentleman from Ten- under the bill until the whistleblower available; this, by the VA’s own rating nessee (Mr. ROE). complaint is resolved. system. Now, I am pleased to say the The committee has always favored center has made strides and progress in b 1645 strengthening protections for whistle- many areas. However, the director in Mr. ROE of Tennessee. Mr. Chairman, blowers. My bill already protects whis- charge during the time of poor per- I want to thank Mr. TAYLOR for his tleblowers, but I am not opposed to Ms. formance was simply moved to another service to our country and to our Na- KUSTER’s amendment and suggested facility to be a director there. We have tion. I am appreciative of him and his changes, and I appreciate her offering to do better. We will do better. The VA staff for working with us on the it. The bill has my full support. Accountability First Act of 2017 is a amendment. The amendment has, as Mr. Chairman, I reserve the balance wonderful and great start. chair, my full support. of my time. This amendment will contribute to Mr. TAYLOR. Mr. Chairman, I just Ms. KUSTER of New Hampshire. Mr. more transparency, accountability, and want to state I thank the gentleman, Chairman, I have learned one thing in oversight. We must continually and and I thank the gentleman on the 4 years: quit while I am ahead. consistently hold the VA accountable other side, as well, for his support. I Mr. Chairman, I have nothing further for underperformance. Our veterans are think this is the right thing to do for to add, and I yield back the balance of sacred and deserve the same commit- transparency and for accountability for my time. ment to high standards they upheld as our veterans in the VA. Mr. ROE of Tennessee. Mr. Chairman, servicemembers. Mr. Chairman, I yield back the bal- I yield back the balance of my time. We should never defend mediocrity at ance of my time. The Acting CHAIR. The question is the VA; rather, strive for better serv- The Acting CHAIR. The question is on the amendment offered by the gen- ice, care, and excellence. on the amendment offered by the gen- tlewoman from New Hampshire (Ms. Mr. Chairman, I reserve the balance tleman from Virginia (Mr. TAYLOR). KUSTER). of my time. The amendment was agreed to. The amendment was agreed to. Mr. WALZ. Mr. Chairman, I claim AMENDMENT NO. 7 OFFERED BY MS. TENNEY The Acting CHAIR. The Chair under- time in opposition, although I am not The Acting CHAIR. It is now in order stands that amendment No. 5 will not opposed to the amendment and, in fact, to consider amendment No. 7 printed in be offered. I am enthusiastically supportive of the part A of House Report 115–39. AMENDMENT NO. 6 OFFERED BY MR. TAYLOR amendment. Ms. TENNEY. Mr. Chairman, I have The Acting CHAIR. It is now in order The Acting CHAIR. Without objec- an amendment at the desk. to consider amendment No. 6 printed in tion, the gentleman from Minnesota is The Acting CHAIR. The Clerk will part A of House Report 115–39. recognized for 5 minutes. designate the amendment. Mr. TAYLOR. Mr. Chairman, I have There was no objection. The text of the amendment is as fol- an amendment at the desk. Mr. WALZ. Mr. Chairman, I thank lows: The Acting CHAIR. The Clerk will the gentleman for bringing this for- Add at the end the following new section: designate the amendment. ward. This amendment addresses an SEC. 10. ANNUAL REPORT ON PERFORMANCE issue that we dealt with in our com- AWARDS AND BONUSES AWARDED The text of the amendment is as fol- TO CERTAIN HIGH-LEVEL EMPLOY- lows: mittee last Congress, where senior ex- EES OF THE DEPARTMENT OF VET- Page 9, after line 19, insert the following: ecutives are transferred to different po- ERANS AFFAIRS. ‘‘(i) SEMI-ANNUAL REPORT ON TRANSFERRED sitions around the country, receive pay (a) IN GENERAL.—Chapter 7 of title 38, EMPLOYEES.—The Secretary shall submit to increases and relocation incentives. United States Code, is further amended by the Committees on Veterans’ Affairs of the We subpoenaed two senior executives. inserting after section 723, as added by sec- tion 5, the following new section: Senate and House of Representatives semi- In fact, the first subpoenas ever issued annual reports on senior executive employ- out of the VA Committee, I asked for ‘‘§ 724. Annual report on performance awards and bonuses awarded to certain high-level ees who are transferred within the Depart- them to get there; and they were ment. Each such report shall include, for employees OE each such senior executive employee trans- backed by Mr. R , backed by our ‘‘(a) IN GENERAL.—Not later than 30 days ferred during the period covered by the re- chairman and ranking member. And to after the end of each fiscal year, the Sec- port, the reason for the transfer and any refresh people’s minds, these were folks retary shall submit to the appropriate com- costs associated with the transfer.’’. that took positions of lesser power, mittees of Congress a report that contains,

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.074 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2129 for the most recent fiscal year ending before It is also clear to me that there is gentleman from Tennessee (Mr. ROE), the submittal of the report, a description of more work to be done. Just this month, who is the chairman. the performance awards and bonuses award- an audit of several VA facilities in Mr. ROE of Tennessee. Mr. Chairman, ed to Regional Office Directors of the De- North Carolina and Virginia revealed this would require the Secretary to re- partment, Directors of Medical Centers of the Department, Directors of Veterans Inte- that wait times continue to be mis- port to Congress each year any per- grated Service Networks, and any other indi- represented and that nearly 14,000 vet- formance awards or bonuses provided vidual employed in a senior executive posi- erans were denied access to timely to Senior Executive Service employees tion. care. The audit also found that vet- at the VA. This is an excellent amend- ‘‘(b) ELEMENTS.—Each report submitted erans were waiting an average of 26 ment from the gentlewoman from New under subsection (a) shall include the fol- days to see mental health specialists, York and will provide additional need- lowing with respect to each performance while the VA falsely reported average ed transparency at the Department award or bonus awarded to an individual de- scribed in such subsection: wait times of 6 days. In light of this in- where taxpayer money is being spent, ‘‘(1) The amount of each award or bonus. formation, the American people are especially when being spent on bonuses ‘‘(2) The job title of the individual awarded right to wonder who at the VA may be for the most senior individuals at VA. the award or bonus. receiving a bonus this year. This amendment has my full support. ‘‘(3) The location where the individual My amendment adds a simple report- Ms. TENNEY. Mr. Chairman, I yield awarded the award or bonus works. ing requirement to the bill that will back the balance of my time. ‘‘(c) DEFINITIONS.—In this section: streamline oversight of bonuses at the The Acting CHAIR. The question is ‘‘(1) The term ‘appropriate committees of VA by requiring the agency to on the amendment offered by the gen- Congress’ means— ‘‘(A) the Committee on Veterans’ Affairs proactively provide information to tlewoman from New York (Ms. and the Committee on Appropriations of the Congress that details the amount of TENNEY). Senate; and each bonus awarded to senior execu- The amendment was agreed to. ‘‘(B) the Committee on Veterans’ Affairs tives as well as the job titles of the in- AMENDMENT NO. 8 OFFERED BY MS. KUSTER OF and the Committee on Appropriations of the dividuals and the location of their em- NEW HAMPSHIRE House of Representatives. ployment. Given the patterns of mis- The Acting CHAIR. It is now in order ‘‘(2) The term ‘individual’ means— management at the VA, the American to consider amendment No. 8 printed in ‘‘(A) a career appointee (as that term is de- people deserve to know how bonuses fined in section 3132(a)(4) of title 5); or part A of House Report 115–39. ‘‘(B) any individual who occupies an ad- are being awarded at the agency. This Ms. KUSTER of New Hampshire. Mr. ministrative or executive position and who bill increases transparency over the Chairman, I have an amendment at the was appointed under section 7306(a) or sec- bonus process without placing any desk. tion 7401(1) of this title. undue burdens on the agency. The Acting CHAIR. The Clerk will ‘‘(3) The term ‘senior executive position’ I would encourage my colleagues to designate the amendment. means— support it, and I thank the committee The text of the amendment is as fol- ‘‘(A) with respect to a career appointee (as for the opportunity to offer this lows: that term is defined in section 3132(a)(4) of amendment. title 5), a Senior Executive Service position Add at the end the following: (as such term is defined in section 3132(a)(2) Mr. Chairman, I reserve the balance SEC. 10. ACCOUNTABILITY OF SUPERVISORS AT of title 5); and of my time. DEPARTMENT OF VETERANS AF- Mr. WALZ. Mr. Chairman, I rise in FAIRS FOR ADDRESSING PERFORM- ‘‘(B) with respect to an individual ap- ANCE OF EMPLOYEES. pointed under section 7306(a) or section opposition, although I am not opposed (a) IN GENERAL.—The Secretary of Vet- 7401(1) of this title, an administrative or ex- to the amendment. erans Affairs shall ensure that, as a part of ecutive position.’’. The Acting CHAIR. Without objec- the annual performance plan of a supervisor (b) CLERICAL AMENDMENT.—The table of tion, the gentleman from Minnesota is in the Department, the supervisor is evalu- sections at the beginning of chapter 7 of such recognized for 5 minutes. ated on the following: title is amended by inserting after the item There was no objection. (1) Taking action to address poor perform- relating to section 723, as added by section 5, ance and misconduct among the employees the following new item: Mr. WALZ. Mr. Chairman, once again, I am not only not opposed, I am that report to the supervisor. ‘‘724. Annual report on performance awards (2) Taking steps to improve or sustain high and bonuses awarded to certain enthusiastically supportive of the gen- tlewoman’s commonsense, absolutely levels of employee engagement. high-level employees.’’. (3) Promoting a positive culture of service The Acting CHAIR. Pursuant to important piece of legislation. It im- that— House Resolution 198, the gentlewoman proves upon the bill. I am glad we had (A) reflects the mission of the Department from New York (Ms. TENNEY) and a a rule that brought it here, something and the values of integrity, commitment, ad- Member opposed each will control 5 we have worked on in our committee. I vocacy, respect, and excellence; and minutes. will make note of this. (B) emphasizes the greatest degree of per- The Chair recognizes the gentle- The gentlewoman is absolutely right. formance and conduct. (b) SUPERVISOR DEFINED.—In this section, woman from New York. The people we just talked about in the last amendment received bonuses also, the term ‘‘supervisor’’ has the meaning given Ms. TENNEY. Mr. Chairman, I yield such term in section 7103(a) of title 5, United myself such time as I may consume. but the bulk of this bill also deals with States Code. kitchen staff, janitorial staff, and Mr. Chairman, I rise today in support SEC. 11. IMPROVEMENT OF TRAINING FOR SU- of my amendment to H.R. 1259, which rank-and-file members on the floor PERVISORS. would require the VA to submit a re- that we are working to go after their (a) IN GENERAL.—The Secretary of Vet- port to Congress at the end of each fis- agreed-upon grievance process to keep erans Affairs shall provide to each employee cal year listing the bonuses that were their jobs. So this amendment is abso- of the Department of Veterans Affairs who is awarded to senior-level executives. lutely something that will get total ap- employed as a supervisor periodic training In 2015, VA employees received more proval from certainly, I believe, all on the following: than $177 million in bonuses, which was Members of the House. This should be (1) The rights of whistleblowers and how to address a report by an employee of a hostile 24 percent more than they received in in the bill and will be in the bill. work environment, reprisal, or harassment. 2014. The average bonus for a senior ex- This is how bills get better, address (2) How to effectively motivate, manage, ecutive was $10,000. real issues, and take on the issue of ac- and reward the employees who report to the I have no doubt that the men and countability in a bipartisan manner. supervisor. women of the VA serve our veterans Mr. Chairman, I would encourage all (3) How to effectively manage employees admirably each day. In my own dis- my colleagues to support the gentle- who are performing at an unacceptable level trict, I have spoken with veterans who woman. We have more work, as the and access assistance from the human re- are grateful for the compassionate care gentlewoman said in this, but this is sources office of the Department and the Of- that they receive from local VA clinics fice of the General Counsel of the Depart- how it is done to get it right. ment with respect to those employees. throughout upstate New York. VA em- Mr. Chairman, I yield back the bal- (b) DEFINITIONS.—In this section: ployees should be fairly compensated ance of my time. (1) SUPERVISOR.—The term ‘‘supervisor’’ for their work and awarded for their Ms. TENNEY. Mr. Chairman, I yield has the meaning given such term in section achievement. such time as he may consume to the 7103(a) of title 5, United States Code.

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.029 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2130 CONGRESSIONAL RECORD — HOUSE March 16, 2017 (2) WHISTLEBLOWER.—The term ‘‘whistle- Mr. ROE of Tennessee. Mr. Chairman, moval is necessary in the interests of public blower’’ has the meaning given such term in I ask unanimous consent to claim the health or safety. section 323(g) of title 38, United States Code, time in opposition, although I am not ‘‘(b) PROCEDURE.—An employee suspended under subsection (a)(1) is entitled, after sus- as added by section 101. opposed. The Acting CHAIR. Pursuant to pension and before removal, to— The Acting CHAIR. Is there objection ‘‘(1) within 30 days after suspension, a writ- House Resolution 198, the gentlewoman to the request of the gentleman from ten statement of the specific charges against from New Hampshire (Ms. KUSTER) and Tennessee? the employee, which may be amended within a Member opposed each will control 5 There was no objection. 30 days thereafter; minutes. The Acting CHAIR. The gentleman is ‘‘(2) an opportunity within 30 days there- The Chair recognizes the gentle- recognized for 5 minutes. after, plus an additional 30 days if the woman from New Hampshire. Mr. ROE of Tennessee. Mr. Chairman, charges are amended, to answer the charges and submit affidavits; Ms. KUSTER of New Hampshire. Mr. I yield myself such time as I may con- Chairman, I yield myself such time as ‘‘(3) a hearing, at the request of the em- sume. ployee, by a Department authority duly con- I may consume. Mr. Chairman, Ms. KUSTER’s amend- stituted for this purpose; Mr. Chairman, I rise to speak on my ment would require VA supervisors to ‘‘(4) a review of the case by the Secretary, second amendment to H.R. 1259, Kuster develop performance plans for employ- before a decision adverse to the employee is amendment No. 8. I am concerned that ees which would, as a part of the plan, made final; and an unintended consequence of the bill measure steps taken to address poor ‘‘(5) written statement of the decision of before us would be retaliation against performance but also improve training the Secretary. whistleblowers at the VA. ‘‘(c) RELATION TO OTHER DISCIPLINARY for VA supervisors—an excellent sug- RULES.—The authority provided under this After my 4 years on the House Vet- gestion. section shall be in addition to the authority erans’ Affairs Committee and my time I agree that all VA employees, espe- provided under section 713 and title 5 with as ranking member of its Oversight and cially our managers, should be held to respect to disciplinary actions for perform- Investigations Subcommittee, I know high standards and should have as ance or misconduct. that whistleblower protections are a much training provided them as is ‘‘(d) BACK PAY FOR WHISTLEBLOWERS.—If any employee of the Department of Veterans bipartisan issue for our committee, and available. Ms. KUSTER’s amendment I know that this Congress recognizes Affairs is subject to a suspension or removal has my full support. under this section and such suspension or re- the incredible importance of whistle- Mr. Chairman, I reserve the balance moval is determined by an appropriate au- blowers at the VA. of my time. thority under applicable law, rule, regula- Whistleblowers provided many de- Ms. KUSTER of New Hampshire. Mr. tion, or collective bargaining agreement to tails that made Congress and the pub- Chairman, I have no further comment be a prohibited personnel practice described lic aware of the Phoenix scandal. They other than to thank Dr. ROE for his under section 2302(b)(8) or (9) of title 5, such provided valuable information in un- support. employee shall receive back pay equal to the covering the Aurora construction deba- total amount of basic pay that such em- Mr. Chairman, I yield back the bal- ployee would have received during the period cle. Whistleblowers save lives and save ance of my time. that the suspension and removal (as the case taxpayer money. Unfortunately, whis- Mr. ROE of Tennessee. Mr. Chairman, may be) was in effect, less any amounts tleblowers are sometimes targeted for this is an excellent amendment, and I earned by the employee through other em- retaliation by their supervisors. My urge support. ployment during that period. amendment seeks to address this. Mr. Chairman, I yield back the bal- ‘‘(e) DEFINITIONS.—In this section, the term My amendment requires supervisors ance of my time. ‘employee’ means any individual occupying a to detail their efforts to correct poor position within the Department of Veterans The Acting CHAIR. The question is Affairs under a permanent or indefinite ap- performance and misconduct, efforts on the amendment offered by the gen- pointment and who is not serving a proba- that come before the procedures out- tlewoman from New Hampshire (Ms. tionary or trial period.’’. lined by this bill. It requires super- KUSTER). (b) CLERICAL AND CONFORMING AMEND- visors to detail the efforts they have The amendment was agreed to. MENTS.— (1) CLERICAL.—The table of sections at the made to improve their work environ- AMENDMENT NO. 9 OFFERED BY MR. TAKANO beginning of such chapter is amended by add- ment and ensure that employees of The Acting CHAIR. It is now in order their team uphold the primary mission ing after the item relating to section 713 the to consider amendment No. 9 printed in following new item: of the VA: to serve and to honor our part A of House Report 115–39. ‘‘715. Employees: suspension and removal for Nation’s veterans. Mr. TAKANO. Mr. Chairman, I have performance or misconduct The amendment will also improve an amendment at the desk. that is a threat to public health training of supervisors to ensure they The Acting CHAIR. The Clerk will or safety.’’. are equipped to be leaders that improve designate the amendment. (2) CONFORMING.—Section 4303(f) of title 5, employee performance and the quality The text of the amendment is as fol- United States Code, is amended— of care at the VA. More importantly, lows: (A) by striking ‘‘or’’ at the end of para- this enhanced training will include in- graph (2); Strike sections 1 through 9 and insert the (B) by striking the period at the end of struction on the rights of whistle- following: paragraph (3) and inserting ‘‘, or’’; and blowers and how to address concerns or SECTION 1. SUSPENSION AND REMOVAL OF DE- complaints raised by them. (C) by adding at the end the following: PARTMENT OF VETERANS AFFAIRS ‘‘(4) any suspension or removal under sec- These provisions could help to pro- EMPLOYEES FOR PERFORMANCE OR tion 715 of title 38.’’. tect those whistleblowers who are ac- MISCONDUCT THAT IS A THREAT TO PUBLIC HEALTH OR SAFETY. (c) REPORT ON SUSPENSIONS AND REMOV- tually experiencing retaliation because ALS.—Not later than one year after the date (a) IN GENERAL.—Chapter 7 of title 38, it would provide evidence of the past United States Code, is amended by adding of the enactment of this Act, the Inspector actions a supervisor has taken to ad- after section 713 the following new section: General of the Department of Veterans Af- fairs shall submit to the Committees on Vet- dress alleged misconduct, and it will ‘‘§ 715. Employees: suspension and removal highlight leadership shortfalls that erans’ Affairs of the House of Representa- for performance or misconduct that is a tives and the Senate a report on suspensions could implicate attempted actions threat to public health or safety and removals of employees of the Depart- taken against an employee. ‘‘(a) SUSPENSION AND REMOVAL.—Subject to ment made under section 715 of title 38, Together, these provisions will subsections (b) and (c), the Secretary may— United States Code, as added by subsection proactively improve the culture of ‘‘(1) suspend without pay an employee of (a). Such report shall include, with respect management at the VA so it reflects the Department of Veterans Affairs if the to the period covered by the report, the fol- the virtue and quality that Congress Secretary determines the performance or lowing: has strived to achieve for so many misconduct of the employee is a threat to (1) The number of employees who were sus- years. I urge all of my colleagues to public health or safety, including the health pended under such section. and safety of veterans; and (2) The number of employees who were re- vote in favor of my amendment, Kuster ‘‘(2) remove an employee suspended under moved under such section. No. 8. paragraph (1) when, after such investigation (3) A description of the threats to public Mr. Chairman, I reserve the balance and review as the Secretary considers nec- health or safety that caused such suspen- of my time. essary, the Secretary determines that re- sions and removals.

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.031 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2131 (4) The number of such suspensions or re- whistleblowers. When these basic pro- taxpayer-funded money through ill- movals, or proposed suspensions or removals, tections are undermined, we give too gotten means such as fraud, waste, or that were of employees who filed a com- much power to managers whose goal abuse, nor does it allow the Secretary plaint regarding— may be to retaliate against someone to recoup a portion of a Federal pen- (A) an alleged prohibited personnel prac- tice committed by an officer or employee of who called out a mistake. sion of someone convicted of a felony the Department and described in section The bill, as it is currently being of- that influenced their VA job. 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of fered, does not provide enough time for It would ensure that the current inef- title 5, United States Code; or an employee to get their case together fective civil service rules would con- (B) the safety of a patient at a medical fa- to file an appeal. It undermines collec- tinue to hamper any change to the cor- cility of the Department. tive bargaining agreements negotiated rosive and unaccountable culture at (5) Of the number of suspensions and re- in good faith between management and the VA, and would also, more than movals listed under paragraph (4), the num- employees. It doesn’t do enough to pro- likely, not apply to some of the em- ber that the Inspector General considers to be retaliation for whistleblowing. tect whistleblowers. ployees associated with the VA’s egre- (6) The number of such suspensions or re- My amendment addresses our shared gious scandals, including the bloated movals that were of an employee who was goal to create accountability at the Denver, Colorado, construction project; the subject of a complaint made to the De- VA. It would ensure that the Secretary data management at the Philadelphia partment regarding the health or safety of a has the authority to immediately sus- regional office; FY 2015 $2.5 billion patient at a medical facility of the Depart- pend any VA employee whose behavior shortfall cost overruns at the Orlando ment. threatens the health and safety of vet- VA Medical Center; allegations of inap- (7) Any recommendations by the Inspector erans, and that the suspended em- propriate use of government purchase General, based on the information described in paragraphs (1) through (6), to improve the ployee does not accrue pay while the cards to the tune of $6 billion; and authority to make such suspensions and re- investigation is being carried out. many others. movals. I hope that Members will join me and These are the types of employees The Acting CHAIR. Pursuant to vote in favor of my amendment. that our constituents and veterans ex- House Resolution 198, the gentleman Mr. Chairman, I reserve the balance pect to be held accountable, but this from California (Mr. TAKANO) and a of my time. amendment would not cover. Member opposed each will control 5 Mr. ROE of Tennessee. Mr. Chairman, In the end, the facts are clear: our minutes. I claim the time in opposition to the veterans and the American taxpayer The Chair recognizes the gentleman amendment. support the reform in H.R. 1259, and from California. The Acting CHAIR. The gentleman is not the status quo, which is supported Mr. TAKANO. Mr. Chairman, I yield recognized for 5 minutes. by public sector unions. myself such time as I may consume. Mr. ROE of Tennessee. Mr. Chairman, I encourage all Members to oppose Mr. Chairman, my amendment in the I yield myself such time as I may con- the Takano amendment and support nature of a substitute would strike the sume. the underlying bill. text of H.R. 1259 and insert a new provi- Mr. Chairman, I rise in opposition to Mr. Chair, I reserve the balance of sion allowing the Secretary to suspend, the amendment. my time. without pay, any VA employee whose I appreciate Mr. TAKANO’s—who is a Mr. TAKANO. Mr. Chair, I continue performance or misconduct threatens very hardworking member of the com- to oppose the underlying bill and sup- public health or safety, including the mittee—attempt to insert what he port my amendment. health and safety of veterans. It would thinks is an appropriate balance of due I would assert that my amendment give the Secretary the authority to re- process and accountability, but the would apply to many of the employees move a suspended employee after an substitute language misses the bar of in the scandals who were cited by our investigation and review if the Sec- what we are trying to accomplish. esteemed chairman. retary determines removal is in the in- It would strike the entire bill and in- I want to remind the body that sev- terests of public health and safety. sert new language only allowing the eral Republican speakers this after- Both parties share the desire to pro- Secretary to remove someone if they noon repeated a phrase that the vast tect veterans from mistreatment or present a threat to health or safety. majority of employees at the VA are harm, especially when they are seeking This is a nearly unobtainable, if not an doing a good job. My amendment really medical care at a VA facility, but the immeasurable, bar to reach. This unde- does address those few employees who language in my amendment would be fined standard makes it almost impos- really do pose a threat to veterans’ more likely to achieve the majority’s sible for the Secretary to remove any safety or health. stated outcome of removing VA em- employee. It would create a confusing I would also say that I want to re- ployees whose misconduct harms vet- process that only allows someone to be mind also the chairman and inform the erans. removed after they are suspended first body that we heard testimony from the We have voted on similar account- and the Secretary conducts an inves- bipartisan Commission on Care estab- ability bills before, but I want to point tigation into the individual. lished through the Choice Act. They out that this bill goes much further in It would allow for employees to be on were charged with the responsibility of the wrong direction. While in the past indefinite suspension for months, if not reviewing VA health care. we have had disagreements on proce- years, awaiting the Secretary’s final One of the co-chairs was appointed by dure and the amount of time an em- decision, which is not fair to veterans a Republican—I believe the Senate ma- ployee is given to file an appeal, for the and the employee or good-performing jority leader—and the other by the very first time, this version of the ac- employees and taxpayers. The em- White House. They both reported back countability bill is attempting to un- ployee deserves a quick opportunity to that we cannot create excellence at the dermine VA employees’ collective bar- present their case, and, if exonerated, VA through enhancing the firing proc- gaining rights. get back to doing their job. ess. Buried in this bill is a new provision Unlike my bill, this would only pro- They were astounded that more ef- that would take away the rights of vide backpay to someone if their re- fort and resources have not been in- frontline VA employees to use collec- moval is overturned on appeal if they vested in the personnel function of the tively bargained agreements for set- are a whistleblower. My bill would re- VA to better train our managers in tling grievances. This has not been a quire any individual whose disciplinary progressive discipline and to do the part of past negotiations, and the vote action is overturned on appeal to re- kind of documentation that really will that Members take on the underlying ceive any backpay for that period. bring about effective accountability. bill should not be based solely on their By the way, both of these co-chairs votes on previous accountability bills. b 1700 led, and do still, large, private sector Collectively bargained grievance set- This amendment does nothing to pro- healthcare organizations. They pushed tlement procedures often lead to vide the Secretary with the authority back on a suggestion that we needed to quicker and simpler solutions, and to recoup bonuses or relocation ex- enhance our dismissal process, our ac- they give added protection to potential penses from individuals who receive countability process.

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.032 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2132 CONGRESSIONAL RECORD — HOUSE March 16, 2017 I do agree with the chairman and the Bustos Himes Panetta Johnson (LA) Murphy (PA) Sensenbrenner ranking member that we have an op- Butterfield Hoyer Pascrell Johnson (OH) Newhouse Sessions Capuano Huffman Pelosi Johnson, Sam Noem Shimkus portunity to work together as Demo- Carbajal Jackson Lee Perlmutter Joyce (OH) Nunes Shuster crats and Republicans. We are not far Ca´ rdenas Jayapal Peters Kelly (MS) Olson Simpson apart on the bipartisan agreement that Carson (IN) Jeffries Peterson King (IA) Palazzo Smith (NE) Kinzinger Palmer Smith (TX) came out of the Senate. Cartwright Johnson (GA) Pingree Castor (FL) Johnson, E. B. Pocan Knight Paulsen Smucker Mr. Chairman, I yield back the bal- Castro (TX) Jones Polis Kustoff (TN) Pearce Stefanik ance of my time. Chu, Judy Kaptur Price (NC) Labrador Perry Stewart LaHood Cicilline Katko Quigley Pittenger Stivers Mr. ROE of Tennessee. Mr. Chair, I LaMalfa Poe (TX) Taylor Clark (MA) Keating Raskin agree with my friend on the other side Clarke (NY) Kelly (IL) Lamborn Poliquin Tenney Rice (NY) Clay Kennedy Lance Posey Thompson (PA) of the aisle that you cannot fire your Richmond Cleaver Khanna Latta Ratcliffe Thornberry way to excellence, nor can you grieve Rosen Clyburn Kihuen Lewis (MN) Reed Tiberi your way to excellence. You have to Cohen Kildee Roybal-Allard Long Reichert Tipton perform your way to excellence. Cole Kilmer Ruiz Loudermilk Renacci Trott I certainly appreciate his passion for Connolly Kind Ruppersberger Love Rice (SC) Turner Conyers Krishnamoorthi Ryan (OH) Lucas Roby Upton the committee and the hard work that Cooper Kuster (NH) Sa´ nchez Luetkemeyer Roe (TN) Valadao he has done on numerous bills, but, in Correa Langevin Sarbanes MacArthur Rogers (AL) Wagner this particular case, I will urge all Costa Larsen (WA) Schakowsky Marchant Rogers (KY) Walberg Members to oppose the Takano amend- Courtney Larson (CT) Schiff Marshall Rohrabacher Walden Crist Lawrence Schneider Massie Rokita Walker ment and support the underlying bill in Crowley Lawson (FL) Schrader Mast Rooney, Francis Walorski which the Secretary has asked for the Cuellar Lee Scott (VA) McCarthy Rooney, Thomas Walters, Mimi authority. Cummings Levin Scott, David McCaul J. Weber (TX) McClintock Ros-Lehtinen Webster (FL) Mr. Chairman, I yield back the bal- Davis (CA) Lewis (GA) Serrano DeFazio Lieu, Ted Sewell (AL) McHenry Roskam Wenstrup ance of my time. DeGette Lipinski Shea-Porter McMorris Ross Westerman The Acting CHAIR. The question is Delaney LoBiondo Sherman Rodgers Rothfus Williams on the amendment offered by the gen- DeLauro Loebsack Sinema McSally Rouzer Wilson (SC) DelBene Lofgren Sires Meadows Royce (CA) Wittman tleman from California (Mr. TAKANO). Demings Lowenthal Smith (NJ) Meehan Russell Womack The question was taken; and the Act- DeSaulnier Lowey Smith (WA) Messer Rutherford Woodall ing Chair announced that the noes ap- Dingell Lujan Grisham, Soto Mitchell Sanford Yoder Moolenaar Doggett M. Speier Scalise Yoho peared to have it. ´ Mooney (WV) Schweikert Young (IA) Doyle, Michael Lujan, Ben Ray Suozzi F. Lynch Mullin Scott, Austin Zeldin Mr. TAKANO. Mr. Chair, I demand a Swalwell (CA) Ellison Maloney, recorded vote. Takano Engel Carolyn B. NOT VOTING—12 The Acting CHAIR. Pursuant to Thompson (CA) Eshoo Maloney, Sean Beyer Jordan Payne Thompson (MS) clause 6 of rule XVIII, further pro- Espaillat Matsui Collins (NY) Kelly (PA) Rush Titus Esty McCollum Davis, Danny King (NY) Slaughter ceedings on the amendment offered by Tonko the gentleman from California will be Evans McEachin Deutch Marino Smith (MO) Foster McGovern Torres postponed. Frankel (FL) McKinley Tsongas Vargas b 1729 ANNOUNCEMENT BY THE ACTING CHAIR Fudge McNerney Veasey Messrs. GROTHMAN, MITCHELL, The Acting CHAIR. Pursuant to Gabbard Meeks Gallego Meng Vela COSTELLO of Pennsylvania, WILSON Vela´ zquez clause 6 of rule XVIII, proceedings will Garamendi Moore of South Carolina, ZELDIN, now resume on those amendments Gonzalez (TX) Moulton Visclosky Walz MCHENRY, Ms. GRANGER, and Mr. printed in part A of House Report 115– Gottheimer Murphy (FL) Green, Al Nadler Wasserman DENT changed their vote from ‘‘aye’’ 39 on which further proceedings were Green, Gene Napolitano Schultz to ‘‘no.’’ postponed, in the following order: Grijalva Neal Waters, Maxine ´ ´ Watson Coleman Messrs. KILDEE and GUTIERREZ Amendment No. 2 by Mr. WALZ of Gutierrez Nolan Hanabusa Norcross Welch changed their vote from ‘‘no’’ to ‘‘aye.’’ Minnesota. Hastings O’Halleran Wilson (FL) So the amendment was rejected. Amendment No. 9 by Mr. TAKANO of Heck O’Rourke Yarmuth The result of the vote was announced Higgins (NY) Pallone Young (AK) California. as above recorded. The Chair will reduce to 2 minutes NOES—223 AMENDMENT NO. 9 OFFERED BY MR. TAKANO the minimum time for any electronic vote after the first vote in this series. Abraham Chabot Franks (AZ) The Acting CHAIR. The unfinished Aderholt Chaffetz Frelinghuysen business is the demand for a recorded AMENDMENT NO. 2 OFFERED BY MR. WALZ Allen Cheney Gaetz vote on the amendment offered by the The Acting CHAIR. The unfinished Amash Coffman Gallagher Amodei Collins (GA) Garrett gentleman from California (Mr. business is the demand for a recorded Arrington Comer Gibbs TAKANO) on which further proceedings vote on the amendment offered by the Babin Comstock Gohmert were postponed and on which the noes gentleman from Minnesota (Mr. WALZ) Bacon Conaway Goodlatte Banks (IN) Cook Gosar prevailed by voice vote. on which further proceedings were Barletta Costello (PA) Gowdy The Clerk will redesignate the postponed and on which the noes pre- Barr Cramer Granger amendment. vailed by voice vote. Barton Crawford Graves (GA) The Clerk redesignated the amend- The Clerk will redesignate the Bergman Culberson Graves (LA) Biggs Curbelo (FL) Graves (MO) ment. amendment. Bilirakis Davidson Griffith RECORDED VOTE The Clerk redesignated the amend- Bishop (MI) Davis, Rodney Grothman The Acting CHAIR. A recorded vote ment. Bishop (UT) Denham Guthrie Black Dent Harper has been demanded. RECORDED VOTE Blackburn DeSantis Harris A recorded vote was ordered. The Acting CHAIR. A recorded vote Blum DesJarlais Hartzler The Acting CHAIR. This is a 2- has been demanded. Bost Diaz-Balart Hensarling Brady (TX) Donovan Herrera Beutler minute vote. A recorded vote was ordered. Brat Duffy Hice, Jody B. The vote was taken by electronic de- The vote was taken by electronic de- Bridenstine Duncan (SC) Higgins (LA) vice, and there were—ayes 183, noes 232, vice, and there were—ayes 194, noes 223, Brooks (AL) Duncan (TN) Hill Brooks (IN) Dunn Holding not voting 14, as follows: not voting 12, as follows: Buchanan Emmer Hollingsworth [Roll No. 166] [Roll No. 165] Buck Farenthold Hudson Bucshon Faso Huizenga AYES—183 AYES—194 Budd Ferguson Hultgren Adams Bishop (GA) Brady (PA) Adams Bera Boyle, Brendan Burgess Fitzpatrick Hunter Aguilar Blumenauer Brown (MD) Aguilar Bishop (GA) F. Byrne Fleischmann Hurd Barraga´ n Blunt Rochester Brownley (CA) Barraga´ n Blumenauer Brady (PA) Calvert Flores Issa Bass Bonamici Bustos Bass Blunt Rochester Brown (MD) Carter (GA) Fortenberry Jenkins (KS) Beatty Boyle, Brendan Butterfield Beatty Bonamici Brownley (CA) Carter (TX) Foxx Jenkins (WV) Bera F. Capuano

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.084 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2133 Carbajal Himes Panetta Lance Perry Smith (NE) The SPEAKER pro tempore. The Ca´ rdenas Hoyer Pascrell Latta Pittenger Smith (NJ) question is on the engrossment and Carson (IN) Huffman Pelosi Lewis (MN) Poe (TX) Smith (TX) Cartwright Jackson Lee Perlmutter LoBiondo Poliquin Smucker third reading of the bill. Castor (FL) Jayapal Peters Long Posey Stefanik The bill was ordered to be engrossed Castro (TX) Jeffries Peterson Loudermilk Ratcliffe Stewart and read a third time, and was read the Chu, Judy Johnson (GA) Pingree Love Reed Stivers third time. Cicilline Johnson, E. B. Pocan Lucas Reichert Taylor Clark (MA) Kaptur Polis Luetkemeyer Renacci Tenney MOTION TO RECOMMIT Clarke (NY) Keating Price (NC) MacArthur Rice (SC) Thompson (PA) Mr. KIHUEN. Mr. Speaker, I have a Clay Marchant Roby Thornberry Kelly (IL) Quigley motion to recommit at the desk. Cleaver Kennedy Raskin Marshall Roe (TN) Tiberi Clyburn Khanna Rice (NY) Massie Rogers (AL) Tipton The SPEAKER pro tempore (Mr. POE Cohen Kihuen Richmond Mast Rogers (KY) Trott of Texas). Is the gentleman opposed to Connolly Kildee Rosen McCarthy Rohrabacher Turner the bill? Conyers Kilmer Roybal-Allard McCaul Rokita Upton McClintock Rooney, Francis Valadao Mr. KIHUEN. I am opposed in its cur- Cooper Kind Ruiz Correa Krishnamoorthi McHenry Rooney, Thomas Vela´ zquez Ruppersberger rent form. Costa Kuster (NH) McKinley J. Wagner Ryan (OH) The SPEAKER pro tempore. The Courtney Langevin McMorris Ros-Lehtinen Walberg Sa´ nchez Crist Larsen (WA) Rodgers Roskam Walden Clerk will report the motion to recom- Sarbanes Crowley Larson (CT) McSally Ross Walker mit. Schakowsky Cuellar Lawrence Meadows Rothfus Walorski The Clerk read as follows: Schiff Davis (CA) Lawson (FL) Meehan Rouzer Walters, Mimi Schneider Mr. Kihuen moves to recommit the bill DeFazio Lee Messer Royce (CA) Weber (TX) DeGette Levin Schrader Mitchell Russell Webster (FL) H.R. 1259 to the Committee on Veterans’ Af- Delaney Lewis (GA) Scott (VA) Moolenaar Rutherford Wenstrup fairs with instructions to report the same DeLauro Lieu, Ted Scott, David Mooney (WV) Sanford Westerman back to the House forthwith, with the fol- DelBene Lipinski Serrano Mullin Scalise Williams lowing amendments: Demings Loebsack Sewell (AL) Murphy (PA) Schweikert Wilson (SC) Page 8, line 19, insert ‘‘or an individual DeSaulnier Lofgren Shea-Porter Newhouse Scott, Austin Wittman Sherman who makes a whistleblower disclosure to the Dingell Lowenthal Noem Sensenbrenner Womack central whistleblower office, including anon- Doggett Lowey Sires Nunes Sessions Woodall Doyle, Michael Lujan Grisham, Smith (WA) O’Rourke Shimkus Yoder ymous whistleblower disclosures made F. M. Soto Olson Shuster Yoho through a toll-free telephone number or Ellison Luja´ n, Ben Ray Speier Palazzo Simpson Young (AK) Internet website’’ after ‘‘Special Counsel’’. Engel Lynch Suozzi Palmer Sinema Young (IA) Add at the end the following new section: Swalwell (CA) Eshoo Maloney, Paulsen Smith (MO) Zeldin SEC. 10. TREATMENT OF VETERANS, MEMBERS Takano Espaillat Carolyn B. OF UNIFORMED SERVICES, AND Thompson (CA) NOT VOTING—14 Esty Maloney, Sean WHISTLEBLOWERS. Thompson (MS) Evans Matsui Beyer Deutch Payne The amendments made by sections 3 and 9 Foster McCollum Titus Black Jordan Pearce of this Act shall not apply to any individual Frankel (FL) McEachin Tonko Collins (NY) Kelly (PA) Rush who is— Fudge McGovern Torres Cummings King (NY) Slaughter Gabbard McNerney Tsongas Davis, Danny Marino (1) preference eligible under section 2108(3) Gallego Meeks Vargas of title 5, United States Code; Garamendi Meng Veasey ANNOUNCEMENT BY THE ACTING CHAIR (2) a member of, applies to be a member of, Gonzalez (TX) Moore Vela The Acting CHAIR (during the vote). performs, has performed, applies to perform, Gottheimer Moulton Visclosky There is 1 minute remaining. or has an obligation to perform service in a Green, Al Murphy (FL) Walz Green, Gene Nadler Wasserman uniformed service (as such term is defined in Grijalva Napolitano Schultz b 1733 section 4303(16) of title 38, United States Gutie´rrez Neal Waters, Maxine So the amendment was rejected. Code); or Hanabusa Nolan Watson Coleman (3) seeking corrective action (or on behalf Hastings Norcross Welch The result of the vote was announced of whom corrective action is sought) from Heck O’Halleran Wilson (FL) as above recorded. the Office of Special Counsel based on an al- Higgins (NY) Pallone Yarmuth The Acting CHAIR. The question is leged prohibited personnel practice described on the amendment in the nature of a in section 2302(b) of title 5, United States NOES—232 substitute, as amended. Code. Abraham Comer Granger The amendment was agreed to. Aderholt Comstock Graves (GA) Mr. ROE of Tennessee (during the Allen Conaway Graves (LA) The Acting CHAIR. Under the rule, reading). Mr. Speaker, I ask unanimous Amash Cook Graves (MO) the Committee rises. consent to suspend with the reading. Amodei Costello (PA) Griffith Accordingly, the Committee rose; The SPEAKER pro tempore. Is there Arrington Cramer Grothman Babin Crawford Guthrie and the Speaker pro tempore (Mr. objection to the request of the gen- Bacon Culberson Harper OLSON) having assumed the chair, Mr. tleman from Tennessee? Banks (IN) Curbelo (FL) Harris POE of Texas, Acting Chair of the Com- There was no objection. Barletta Davidson Hartzler mittee of the Whole House on the state The SPEAKER pro tempore. The gen- Barr Davis, Rodney Hensarling Barton Denham Herrera Beutler of the Union, reported that that Com- tleman from Nevada is recognized for 5 Bergman Dent Hice, Jody B. mittee, having had under consideration minutes. Biggs DeSantis Higgins (LA) the bill (H.R. 1259) to amend title 38, Mr. KIHUEN. Mr. Speaker, this is the Bilirakis DesJarlais Hill Bishop (MI) Diaz-Balart Holding United States Code, to provide for the final amendment to the bill, which will Bishop (UT) Donovan Hollingsworth removal or demotion of employees of not kill the bill or send it back to com- Blackburn Duffy Hudson the Department of Veterans Affairs mittee. If adopted, the bill will imme- Blum Duncan (SC) Huizenga based on performance or misconduct, diately proceed to final passage, as Bost Duncan (TN) Hultgren Brady (TX) Dunn Hunter and for other purposes, and, pursuant amended. Brat Emmer Hurd to House Resolution 198, he reported Mr. Speaker, as a nation, we have the Bridenstine Farenthold Issa the bill back to the House with an moral responsibility for providing for Brooks (AL) Faso Jenkins (KS) Brooks (IN) Ferguson Jenkins (WV) amendment adopted in the Committee the men and women who have served Buchanan Fitzpatrick Johnson (LA) of the Whole. our country. One of my highest prior- Buck Fleischmann Johnson (OH) The SPEAKER pro tempore. Under ities in Congress is ensuring that our Bucshon Flores Johnson, Sam the rule, the previous question is or- veterans receive the care and benefit Budd Fortenberry Jones Burgess Foxx Joyce (OH) dered. they have earned. Byrne Franks (AZ) Katko Is a separate vote demanded on any It has been almost 3 years since a Calvert Frelinghuysen Kelly (MS) amendment to the amendment re- whistleblower shocked the Nation by Carter (GA) Gaetz King (IA) Carter (TX) Gallagher Kinzinger ported from the Committee of the disclosing 1,400 veterans languish with- Chabot Garrett Knight Whole? out care at the Phoenix VA. Since Chaffetz Gibbs Kustoff (TN) If not, the question is on the amend- then, many others have come forward Cheney Gohmert Labrador ment in the nature of a substitute, as to report excessive wait times, sub- Coffman Goodlatte LaHood Cole Gosar LaMalfa amended. standard care, and dirty facilities in Collins (GA) Gowdy Lamborn The amendment was agreed to. VA hospitals all across the country.

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.035 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2134 CONGRESSIONAL RECORD — HOUSE March 16, 2017 The issues we have seen at different countability and the VA needs reform. Garamendi Lowenthal Ruiz VA hospitals have been completely dis- The first thing he said to me when he Gonzalez (TX) Lowey Ruppersberger Gottheimer Lujan Grisham, Ryan (OH) graceful. However, what is even more was there was he needs this account- Green, Al M. Sa´ nchez shocking is that many of these whistle- ability act to better manage the VA. Green, Gene Luja´ n, Ben Ray Sarbanes blowers have reported some sort of re- Grijalva Lynch Schakowsky What does this bill do, in a nutshell, ´ taliation from hospital directors or the Gutierrez Maloney, Schiff very quickly? It simply shortens the Hanabusa Carolyn B. Schneider VA’s Office of Inspector General, even process instead of taking as much as a Hastings Maloney, Sean Schrader though Federal law specifically pro- year or longer to terminate someone. Heck Matsui Scott (VA) hibits harassment or retaliation of And we have had people in egregious Higgins (NY) McCollum Scott, David Federal employees who bring wrong- Himes McEachin Serrano things they have done. The Phoenix VA Hoyer McGovern Sewell (AL) doing to light. issue was mentioned. It took 2 years to Huffman McNerney Shea-Porter The recent reports about VA employ- get rid of anybody out there. Jackson Lee Meeks Sherman Jayapal Meng ees facing retaliation is disheartening The Secretary says he needs these Sinema Jeffries Moore Sires and it is unacceptable. We need to pro- Johnson (GA) Moulton authorities. It maintains the due proc- Smith (WA) tect these employees who are trying to Johnson, E. B. Murphy (FL) ess rights of the employees, which is Soto Jones Nadler ensure that the VA is transparent and Speier important. It simply shortens the Kaptur Napolitano accountable to all of our veterans. Suozzi length of time for as much as a year for Keating Neal Mr. Speaker, my amendment is very Swalwell (CA) some people. The VA said it would take Kelly (IL) Nolan simple and commonsense. It merely Takano 6 months to a year to fire a govern- Kennedy Norcross builds upon existing language in the Khanna O’Halleran Thompson (CA) ment employee—or longer. Thompson (MS) bill seeking to protect whistleblowers. Kihuen O’Rourke It also has accentuated whistleblower Kildee Pallone Titus Under the bill, a whistleblower can Tonko protections, allows the Secretary to re- Kilmer Panetta still be fired during the expedited pro- Kind Pascrell Torres cedure with limited recourse. This coup bonuses from people who have Krishnamoorthi Pelosi Tsongas amendment would close that loophole. gotten them illegally. Kuster (NH) Perlmutter Vargas It allows the Secretary to hire peo- Langevin Peters Veasey This amendment would also cover Larsen (WA) Peterson Vela those who come forward to a central ple. We have many VA facilities out Larson (CT) Pingree Vela´ zquez whistleblower office instead of just a there that do not have CEOs at this Lawrence Pocan Visclosky special counsel. time. Lawson (FL) Polis Walz Mr. Speaker, I would recommend Lee Price (NC) Wasserman And, as my colleagues have noted nu- Levin Quigley Schultz merous times on the floor today, one- that we oppose the MTR, and I would Lewis (GA) Raskin Waters, Maxine third of our VA employees are vet- strongly encourage my colleagues from Lieu, Ted Rice (NY) Watson Coleman erans. This amendment also works to both sides of the aisle, in a bipartisan Lipinski Richmond Welch Loebsack Rosen Wilson (FL) protect them from unjust firings with- way, to support the underlying bill. Lofgren Roybal-Allard Yarmuth out due process. Mr. Speaker, I yield back the balance We should never tolerate fraud, of my time. NOES—229 waste, or abuse on our Federal agen- The SPEAKER pro tempore. Without Abraham DesJarlais Joyce (OH) cies. This is especially true when it objection, the previous question is or- Aderholt Diaz-Balart Katko comes to caring for our Nation’s vet- Allen Donovan Kelly (MS) dered on the motion to recommit. Amash Duffy King (IA) erans. The brave men and women who There was no objection. Amodei Duncan (SC) Kinzinger have put their lives on the line should The SPEAKER pro tempore. The Arrington Duncan (TN) Knight be provided with the best quality of question is on the motion to recommit. Babin Dunn Kustoff (TN) care, and it is imperative that the Bacon Emmer Labrador The question was taken; and the Banks (IN) Farenthold LaHood whistleblowers who have stood up to Speaker pro tempore announced that Barletta Faso LaMalfa protect our veterans should be fully the noes appeared to have it. Barr Ferguson Lamborn protected from retaliation. Barton Fitzpatrick Lance RECORDED VOTE We should provide whistleblowers Bergman Fleischmann Latta Mr. KIHUEN. Mr. Speaker, I demand Biggs Flores Lewis (MN) with the confidence to step up and help Bilirakis Fortenberry LoBiondo make a change. Helping improve our a recorded vote. Bishop (MI) Foxx Long veterans’ health care is dependent in A recorded vote was ordered. Bishop (UT) Franks (AZ) Loudermilk The SPEAKER pro tempore. Pursu- Black Frelinghuysen Love part on the encouragement and protec- Blackburn Gaetz Lucas tion of whistleblowers within the VA. ant to clause 8 and clause 9 of rule XX, Bost Gallagher Luetkemeyer Mr. Speaker, in closing, I say this. this 5-minute vote on the motion to re- Brady (TX) Garrett MacArthur No one in this body wants to vote on a commit will be followed by 5-minute Brat Gibbs Marchant votes on passage of the bill, if ordered, Bridenstine Gohmert Marshall bill that may give potential whistle- Brooks (AL) Goodlatte Massie blowers doubt about coming forward. and passage of H.R. 1181. Brooks (IN) Gosar Mast Let’s give them the assurance they de- The vote was taken by electronic de- Buchanan Gowdy McCarthy vice, and there were—ayes 189, noes 229, Buck Granger McCaul serve by voting for this motion to re- Bucshon Graves (GA) McClintock commit, which will strengthen the not voting 11, as follows: Budd Graves (LA) McHenry whistleblower protection language in [Roll No. 167] Burgess Graves (MO) McKinley the underlying bill. Byrne Griffith McMorris AYES—189 Calvert Grothman Rodgers Mr. Speaker, I urge support for my Adams Cartwright DeFazio Carter (GA) Guthrie McSally amendment, and I yield back the bal- Aguilar Castor (FL) DeGette Carter (TX) Harper Meadows ance of my time. Barraga´ n Castro (TX) Delaney Chabot Harris Meehan Mr. ROE of Tennessee. Mr. Speaker, I Bass Chu, Judy DeLauro Chaffetz Hartzler Messer Beatty Cicilline DelBene Cheney Hensarling Mitchell rise in opposition to the motion to re- Bera Clark (MA) Demings Coffman Herrera Beutler Moolenaar commit. Bishop (GA) Clarke (NY) DeSaulnier Cole Hice, Jody B. Mooney (WV) The SPEAKER pro tempore. The gen- Blum Clay Dingell Collins (GA) Higgins (LA) Mullin tleman is recognized for 5 minutes. Blumenauer Cleaver Doggett Comer Hill Murphy (PA) Blunt Rochester Clyburn Doyle, Michael Comstock Holding Newhouse Mr. ROE of Tennessee. Mr. Speaker: Bonamici Cohen F. Conaway Hollingsworth Noem ‘‘If you engage in an unethical prac- Boyle, Brendan Connolly Ellison Cook Hudson Nunes tice, if you cover up a serious problem, F. Conyers Engel Costello (PA) Huizenga Olson you should be fired. Period. It Brady (PA) Cooper Eshoo Cramer Hultgren Palazzo Brown (MD) Correa Espaillat Crawford Hunter Palmer shouldn’t be that difficult’’—Barack Brownley (CA) Costa Esty Culberson Hurd Paulsen Obama at the Veterans Choice Act Bustos Courtney Evans Curbelo (FL) Issa Pearce signing in August of 2014. That is who Butterfield Crist Foster Davidson Jenkins (KS) Perry Capuano Crowley Frankel (FL) Davis, Rodney Jenkins (WV) Pittenger said that. Carbajal Cuellar Fudge Denham Johnson (LA) Poe (TX) Yesterday, I had breakfast with the Ca´ rdenas Cummings Gabbard Dent Johnson (OH) Poliquin Secretary of the VA. We know that ac- Carson (IN) Davis (CA) Gallego DeSantis Johnson, Sam Posey

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.090 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2135 Ratcliffe Scalise Turner Hunter Moolenaar Schweikert Sires Titus Wasserman Reed Schweikert Upton Hurd Mooney (WV) Scott, Austin Smith (NJ) Tonko Schultz Reichert Scott, Austin Valadao Issa Mullin Sensenbrenner Smith (WA) Torres Waters, Maxine Renacci Sensenbrenner Wagner Jenkins (KS) Murphy (FL) Sessions Soto Tsongas Watson Coleman Rice (SC) Sessions Walberg Jenkins (WV) Murphy (PA) Shimkus Speier Vargas Welch Roby Shimkus Walden Johnson (LA) Newhouse Shuster Suozzi Veasey Wilson (FL) Roe (TN) Shuster Walker Johnson (OH) Noem Simpson Swalwell (CA) Vela Yarmuth ´ Rogers (AL) Simpson Walorski Johnson, Sam Nunes Sinema Takano Velazquez Young (AK) Rogers (KY) Smith (MO) Walters, Mimi Jones O’Halleran Smith (MO) Thompson (CA) Visclosky Rohrabacher Smith (NE) Weber (TX) Joyce (OH) O’Rourke Smith (NE) Thompson (MS) Walz Rokita Smith (NJ) Webster (FL) Katko Olson Smith (TX) NOT VOTING—14 Rooney, Francis Smith (TX) Wenstrup Kelly (MS) Palazzo Smucker Rooney, Thomas Smucker Westerman King (IA) Palmer Stefanik Beyer Davis, Danny Marino J. Stefanik Williams Kinzinger Paulsen Stewart Bishop (UT) Deutch Payne Ros-Lehtinen Stewart Wilson (SC) Knight Pearce Stivers Blumenauer Jordan Rush Roskam Stivers Wittman Kustoff (TN) Perry Taylor Capuano Kelly (PA) Slaughter Ross Taylor Womack Labrador Peters Tenney Collins (NY) King (NY) Rothfus Tenney Woodall LaHood Pittenger Thompson (PA) Rouzer Thompson (PA) Yoder LaMalfa Poe (TX) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Thornberry Royce (CA) Thornberry Yoho Lamborn Poliquin Tiberi The SPEAKER pro tempore (during Russell Tiberi Young (AK) Lance Posey Tipton the vote). There are 2 minutes remain- Rutherford Tipton Young (IA) Latta Ratcliffe Trott Sanford Trott Zeldin Lewis (MN) Reed ing. Long Reichert Turner NOT VOTING—11 Loudermilk Renacci Upton b 1758 Valadao Beyer Jordan Payne Love Rice (SC) Wagner Collins (NY) Kelly (PA) Rush Lucas Roby So the bill was passed. Walberg Davis, Danny King (NY) Slaughter Luetkemeyer Roe (TN) The result of the vote was announced Deutch Marino MacArthur Rogers (AL) Walden as above recorded. Marchant Rogers (KY) Walker ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Marshall Rohrabacher Walorski A motion to reconsider was laid on The SPEAKER pro tempore (during Massie Rokita Walters, Mimi the table. Weber (TX) the vote). There are 2 minutes remain- Mast Rooney, Francis McCarthy Rooney, Thomas Webster (FL) f ing. McCaul J. Wenstrup McClintock Ros-Lehtinen Westerman VETERANS 2ND AMENDMENT 1751 McHenry Roskam Williams PROTECTION ACT b McKinley Ross Wilson (SC) So the motion to recommit was re- McMorris Rothfus Wittman The SPEAKER pro tempore. The un- jected. Rodgers Rouzer Womack finished business is the vote on passage McSally Royce (CA) Woodall The result of the vote was announced Meadows Russell Yoder of the bill (H.R. 1181) to amend title 38, as above recorded. Meehan Rutherford Yoho United States Code, to clarify the con- The SPEAKER pro tempore. The Messer Sanford Young (IA) ditions under which certain persons question is on the passage of the bill. Mitchell Scalise Zeldin may be treated as adjudicated men- The question was taken; and the NOES—178 tally incompetent for certain purposes, on which the yeas and nays were or- Speaker pro tempore announced that Adams Espaillat Lujan Grisham, the ayes appeared to have it. Aguilar Esty M. dered. RECORDED VOTE Barraga´ n Evans Luja´ n, Ben Ray The Clerk read the title of the bill. Bass Lynch Mr. TAKANO. Mr. Speaker, I demand Foster The SPEAKER pro tempore. The Beatty Frankel (FL) Maloney, question is on the passage of the bill. a recorded vote. Bera Fudge Carolyn B. A recorded vote was ordered. Bishop (GA) Gallego Maloney, Sean This is a 5-minute vote. The SPEAKER pro tempore. This is a Blunt Rochester Garamendi Matsui The vote was taken by electronic de- Bonamici Gonzalez (TX) McCollum vice, and there were—yeas 240, nays 5-minute vote. Boyle, Brendan McEachin Green, Al 175, not voting 14, as follows: The vote was taken by electronic de- F. Green, Gene McGovern vice, and there were—ayes 237, noes 178, Brady (PA) Grijalva McNerney [Roll No. 169] Brown (MD) Meeks not voting 14, as follows: Gutie´rrez YEAS—240 Brownley (CA) Hanabusa Meng [Roll No. 168] Bustos Hastings Moore Abraham Cheney Gaetz Butterfield Moulton Aderholt Coffman Heck Gallagher AYES—237 Carbajal Nadler Allen Cole Garrett Higgins (NY) Abraham Chabot Flores Ca´ rdenas Napolitano Amash Collins (GA) Gibbs Himes Aderholt Chaffetz Fortenberry Carson (IN) Neal Amodei Comer Gohmert Hoyer Allen Cheney Foxx Cartwright Nolan Arrington Comstock Gonzalez (TX) Huffman Amash Coffman Franks (AZ) Castor (FL) Norcross Babin Conaway Goodlatte Jackson Lee Amodei Cole Frelinghuysen Chu, Judy Pallone Bacon Cook Gosar Arrington Collins (GA) Gabbard Cicilline Jayapal Panetta Banks (IN) Correa Gowdy Babin Comer Gaetz Clark (MA) Jeffries Pascrell Barletta Costello (PA) Granger Bacon Comstock Gallagher Clarke (NY) Johnson (GA) Pelosi Barr Cramer Graves (GA) Banks (IN) Conaway Garrett Clay Johnson, E. B. Perlmutter Barton Crawford Graves (LA) Barletta Cook Gibbs Cleaver Kaptur Peterson Bergman Cuellar Graves (MO) Barr Costa Gohmert Clyburn Keating Pingree Biggs Culberson Green, Gene Barton Costello (PA) Goodlatte Cohen Kelly (IL) Pocan Bilirakis Curbelo (FL) Griffith Bergman Cramer Gosar Connolly Kennedy Polis Bishop (GA) Davidson Grothman Biggs Crawford Gottheimer Conyers Khanna Price (NC) Bishop (MI) Davis, Rodney Guthrie Bilirakis Cuellar Gowdy Cooper Kihuen Quigley Bishop (UT) Denham Harper Bishop (MI) Culberson Granger Correa Kildee Raskin Black Dent Harris Black Curbelo (FL) Graves (GA) Courtney Kilmer Rice (NY) Blackburn DeSantis Hartzler Blackburn Davidson Graves (LA) Crist Kind Richmond Blum DesJarlais Hensarling Blum Davis, Rodney Graves (MO) Crowley Krishnamoorthi Rosen Bost Diaz-Balart Herrera Beutler Bost Denham Griffith Cummings Kuster (NH) Roybal-Allard Brady (TX) Duffy Hice, Jody B. Brady (TX) Dent Grothman Davis (CA) Langevin Ruiz Brat Duncan (SC) Higgins (LA) Brat DeSantis Guthrie DeFazio Larsen (WA) Ruppersberger Bridenstine Duncan (TN) Hill Bridenstine DesJarlais Harper DeGette Larson (CT) Ryan (OH) Brooks (AL) Dunn Holding Brooks (AL) Diaz-Balart Harris Delaney Lawrence Sa´ nchez Brooks (IN) Emmer Hollingsworth Brooks (IN) Donovan Hartzler DeLauro Lawson (FL) Sarbanes Buchanan Farenthold Hudson Buchanan Duffy Hensarling DelBene Lee Schakowsky Buck Faso Huizenga Buck Duncan (SC) Herrera Beutler Demings Levin Schiff Bucshon Ferguson Hultgren Bucshon Duncan (TN) Hice, Jody B. DeSaulnier Lewis (GA) Schneider Budd Fitzpatrick Hunter Budd Dunn Higgins (LA) Dingell Lieu, Ted Schrader Burgess Fleischmann Hurd Burgess Emmer Hill Doggett Lipinski Scott (VA) Byrne Flores Issa Byrne Farenthold Holding Doyle, Michael LoBiondo Scott, David Calvert Fortenberry Jenkins (KS) Calvert Faso Hollingsworth F. Loebsack Serrano Carter (GA) Foxx Jenkins (WV) Carter (GA) Ferguson Hudson Ellison Lofgren Sewell (AL) Carter (TX) Franks (AZ) Johnson (LA) Carter (TX) Fitzpatrick Huizenga Engel Lowenthal Shea-Porter Chabot Frelinghuysen Johnson (OH) Castro (TX) Fleischmann Hultgren Eshoo Lowey Sherman Chaffetz Gabbard Johnson, Sam

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.037 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2136 CONGRESSIONAL RECORD — HOUSE March 16, 2017 Jones Noem Simpson Suozzi Torres Wasserman key to VA’s ability to successfully exe- Joyce (OH) Nunes Sinema Swalwell (CA) Tsongas Schultz cute on that mission. Katko Olson Smith (MO) Takano Vargas Waters, Maxine Kelly (MS) Palazzo Smith (NE) Thompson (CA) Veasey Watson Coleman H.R. 1367 contains a number of provi- Kind Paulsen Smith (NJ) Thompson (MS) Vela´ zquez Wilson (FL) sions that would strengthen VA’s abil- King (IA) Pearce Smith (TX) Titus Visclosky Yarmuth ity to identify staffing shortages, re- Kinzinger Perry Smucker Tonko Knight Peterson cruit employees to fill vacant posi- Stefanik NOT VOTING—14 Kustoff (TN) Pittenger Stewart tions, quickly onboard new hires, and Labrador Poe (TX) Stivers Beyer Jordan Payne retain high-performing workers across LaHood Poliquin Taylor Collins (NY) Kelly (PA) Rush the country. It also contains provisions LaMalfa Posey Conyers King (NY) Tenney Slaughter that would improve leadership and ac- Lamborn Ratcliffe Thompson (PA) Davis, Danny Marino Welch Latta Reed Thornberry Deutch Palmer countability throughout VA and in- Lewis (MN) Reichert Tiberi b 1805 crease the number of veterans in the LoBiondo Renacci Tipton Federal workforce. Long Rice (SC) Trott Loudermilk Roby So the bill was passed. To assist VA in identifying and ad- Turner Love Roe (TN) The result of the vote was announced Upton dressing local staffing deficiencies, this Lucas Rogers (AL) Valadao as above recorded. bill would modify the annual deter- Luetkemeyer Rogers (KY) Vela A motion to reconsider was laid on MacArthur Rohrabacher mination of staffing shortages to in- Wagner Marchant Rokita the table. clude five clinical occupations and five Walberg Marshall Rooney, Francis f nonclinical occupations for each VA Massie Rooney, Thomas Walden Mast J. Walker IMPROVING AUTHORITY OF SEC- medical center. Staffing needs can vary McCarthy Ros-Lehtinen Walorski RETARY OF VETERANS AFFAIRS significantly from facility to facility, McCaul Roskam Walters, Mimi even within the same State, and create Walz TO HIRE AND RETAIN PHYSI- McClintock Ross a variety of delays, backlogs, and other McHenry Rothfus Weber (TX) CIANS AND OTHER EMPLOYEES McKinley Rouzer Webster (FL) challenges for veterans. McMorris Royce (CA) Wenstrup GENERAL LEAVE This provision would allow VA to use Rodgers Russell Westerman Mr. WENSTRUP. Mr. Speaker, I ask this existing reporting tool, which McSally Rutherford Williams unanimous consent that all Members Meadows Sanford Wilson (SC) dates back to the 2014 Choice Act, to Meehan Scalise Wittman have 5 legislative days to revise and ex- target a total of 10 occupations at each Messer Schrader Womack tend their remarks and to insert any VA medical center and use VA’s exist- Mitchell Schweikert Woodall extraneous material into the RECORD ing direct hire authority to expedi- Moolenaar Scott, Austin Yoder on H.R. 1367. Mooney (WV) Sensenbrenner Yoho tiously address shortages for those oc- Mullin Sessions Young (AK) The SPEAKER pro tempore (Mr. cupations. Murphy (PA) Shimkus Young (IA) YODER). Is there objection to the re- To increase leadership development Newhouse Shuster Zeldin quest of the gentleman from Ohio? opportunities for emerging leaders and There was no objection. NAYS—175 encourage the dissemination of best The SPEAKER pro tempore. Pursu- practices between and among VA and Adams Espaillat Maloney, ant to House Resolution 198 and rule Aguilar Esty Carolyn B. private sector, the bill would establish Barraga´ n Evans Maloney, Sean XVIII, the Chair declares the House in an executive management program to Bass Foster Matsui the Committee of the Whole House on allow eligible VA and private sector Beatty Frankel (FL) McCollum the state of the Union for the consider- employees the opportunity to take 1- Bera Fudge McEachin ation of the bill, H.R. 1367. Blumenauer Gallego McGovern year fellowship positions in either Blunt Rochester Garamendi McNerney The Chair appoints the gentleman comparable private sector entities or Bonamici Gottheimer Meeks from North Carolina (Mr. BUDD) to pre- VA, respectively. This idea was Boyle, Brendan Meng Green, Al side over the Committee of the Whole. brought to us by a veteran partici- F. Grijalva Moore Brady (PA) Gutie´rrez Moulton b 1811 pating in the joint Veterans of Foreign Brown (MD) Hanabusa Murphy (FL) Wars-Student Veterans of America leg- Brownley (CA) Hastings Nadler IN THE COMMITTEE OF THE WHOLE islative fellowship program and would Bustos Heck Napolitano Accordingly, the House resolved Butterfield Neal mirror a successful fellowship model Higgins (NY) Capuano Nolan itself into the Committee of the Whole Himes used by the White House and the State Carbajal Norcross House on the state of the Union for the Hoyer Department. Ca´ rdenas O’Halleran Huffman consideration of the bill (H.R. 1367) to Carson (IN) O’Rourke To increase accountability for senior Jackson Lee Cartwright Pallone improve the authority of the Secretary VA decisionmakers, the bill would re- Jayapal Castor (FL) Panetta of Veterans Affairs to hire and retain quire annual performance plans for VA Castro (TX) Jeffries Pascrell Johnson (GA) physicians and other employees of the political appointees, similar to the an- Chu, Judy Pelosi Department of Veterans Affairs, and Cicilline Johnson, E. B. Perlmutter nual performance plans that are re- Clark (MA) Kaptur Peters for other purposes, with Mr. BUDD in quired for Senior Executive Service Keating Clarke (NY) Pingree the chair. employees. Clay Kelly (IL) Pocan The Clerk read the title of the bill. Cleaver Kennedy Polis b 1815 Clyburn Khanna Price (NC) The CHAIR. Pursuant to the rule, the Cohen Kihuen Quigley bill is considered read the first time. Like SES employees, political ap- Connolly Kildee Raskin The gentleman from Ohio (Mr. pointees perform at the very highest Kilmer Cooper Rice (NY) WENSTRUP) and the gentleman from levels and play critical roles in setting Costa Krishnamoorthi Richmond Courtney Kuster (NH) Rosen Minnesota (Mr. WALZ) each will control and achieving high profile policies and Crist Lance Roybal-Allard 30 minutes. priorities. It is only appropriate that Crowley Langevin Ruiz The Chair recognizes the gentleman they too be held accountable for their Cummings Larsen (WA) Ruppersberger Davis (CA) Larson (CT) Ryan (OH) from Ohio. performance. DeFazio Lawrence Sa´ nchez Mr. WENSTRUP. Mr. Chairman, I To incentivize the hiring of veterans DeGette Lawson (FL) Sarbanes yield myself such time as I may con- across the Federal Government, the Delaney Lee Schakowsky sume. bill would change the service require- DeLauro Levin Schiff DelBene Lewis (GA) Schneider Mr. Chairman, I rise today in support ment for reservists and guardsmen to Demings Lieu, Ted Scott (VA) of my bill, H.R. 1367, to improve the au- be eligible for veterans’ preference DeSaulnier Lipinski Scott, David thority of the Department of Veterans from 180 days of consecutive Active- Dingell Loebsack Serrano Doggett Lofgren Sewell (AL) Affairs to recruit and retain employ- Duty service to 180 days of cumulative Donovan Lowenthal Shea-Porter ees. Active-Duty service, and expand those Doyle, Michael Lowey Sherman VA’s mission of honoring and serving considered preference eligible to in- F. Lujan Grisham, Sires our Nation’s veterans is second to none clude all retired servicemembers. Ellison M. Smith (WA) Engel Luja´ n, Ben Ray Soto in the Federal Government, and a high- Veterans gain a variety of skills dur- Eshoo Lynch Speier quality, high-performing workforce is ing their time in uniform and are often

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.039 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2137 uniquely suited to Federal employ- VA and continue moving forward in While more remains to be done to ment. In recognition of this, some form their careers, but are either uninter- simplify and shorten the VA’s hiring of veterans’ preference has been in ested in or ill-suited to becoming a process and strengthen the VA’s ability place since the Civil War. By modern- manager. to bring the very best professionals on- izing this important benefit today, we To increase the understanding of the board to serve our veterans, H.R. 1367 is can bring needed skill sets to the Fed- VA’s succession planning efforts, the the first step to ensuring a sufficient eral workforce and promote employ- bill would require the Government Ac- VA workforce is available to veterans ment opportunities for veterans, a win- countability Office to conduct a study for generations to come. win if there ever was one. on succession planning at each VA I urge all my colleagues to join me in To encourage former VA employees medical facility, as well as within the supporting this legislation. who left VA service to gain relevant Veterans Benefits Administration and Mr. Chairman, I reserve the balance education or experience and then re- the National Cemetery Administration. of my time. turn to the VA, the bill would allow Earlier this week, the VA confirmed HOUSE OF REPRESENTATIVES, COM- the VA to noncompetitively reappoint that 80 percent of current Veterans In- MITTEE ON OVERSIGHT AND GOV- a former employee to a position not tegrated Service Network directors and ERNMENT REFORM, more than 1 grade higher than their 25 percent of current VA Medical Cen- Washington, DC, March 10, 2017. Hon. DAVID P. ROE, former position. ter directors are eligible to retire. Last year, the VA testified that it can take Chairman, Committee on Veterans’ Affairs, I believe we must do everything pos- Washington, DC. sible to encourage former employees to more than 6 months and multiple re- DEAR MR. CHAIRMAN: I write concerning come back and work at the VA and re- announcements to fill these important H.R. 1367, ‘‘to improve the authority of the ward them for furthering themselves positions in both rural and major met- Secretary of Veterans Affairs to hire and re- and using their new skills to benefit ropolitan areas. tain physicians and other employees of the veterans. Effective succession planning is crit- Department of Veterans Affairs; and for ical to ensuring stable leadership and other purposes.’’ As you know, the Com- In order to be eligible for reappoint- mittee on Veterans’ Affairs received an ment under this authority, the former to identifying and developing emerging leaders who are ready, willing, and able original referral and the Committee on Over- employee must have voluntarily, with- sight and Government Reform a secondary in the prior 2 years, maintained a satis- to step up when existing directors or referral when the bill was introduced on factory performance record while at other managers retire or depart. I look March 6, 2017, I recognize and appreciate the VA, and retained any necessary forward to reviewing the results of your desire to bring this legislation before licensures or credentials. GAO’s work to see what further im- the House of Representatives in an expedi- To assist the VA in identifying and provements can be made in this area. tious manner, and accordingly, the Com- mittee on Oversight and Government Reform prioritizing vacancies, the bill would To improve recruitment and reten- tion of younger employees, the bill will forego action on the bill. require the VA to establish a recruit- would require the VA to allow for ex- The Committee takes this action with our ing database listing each vacant posi- mutual understanding that by foregoing con- cepted service appointments leading to tion that the VA determines is critical sideration of H.R. 1367 at this time, we do conversion to career or career-condi- to the VA’s mission, is difficult to fill, not waive any jurisdiction over the subject tional employment for students and re- or both. matter contained in this or similar legisla- cent graduates. Also, the bill would authorize and en- tion. Further, I request your support for the VA’s existing workforce is aging and, appointment of conferees from the Com- courage the VA to track qualified ap- as I mentioned just a moment ago, in- mittee on Oversight and Government Reform plicants for vacant positions and use creasingly retirement-eligible. Unfor- during any House-Senate conference con- the recruiting database and the quali- tunately, the VA has historically per- vened on this or related legislation. Finally, I would ask that a copy of our ex- fied applicant pool to quickly fill va- formed poorly in comparison to other cancies that have gone unfilled for a change of letters on this matter be included Federal agencies when it comes to hir- in the bill report filed by the Committee on prolonged time. ing younger employees, which could To ensure the VA human resources Veterans’ Affairs, as well as in the Congres- put the VA’s future at risk. I am hope- sional Record during floor consideration, to professionals have a thorough under- ful that this provision will increase the memorialize our understanding. standing of the VA’s unique hiring au- VA’s ability to build a pipeline of Sincerely, thorities, the bill would require Vet- young talent. JASON CHAFFETZ, erans Health Administration HR em- Finally, to increase the VA’s under- Chairman. ployees to receive regular, ongoing standing of why departing employees training. HOUSE OF REPRESENTATIVES, choose to leave the VA and, in turn, COMMITTEE ON VETERANS’ AFFAIRS, The VA healthcare system benefits how the VA could improve in order to from direct hiring authorities for clin- Washington, DC, March 10, 2017. retain other employees, this bill would Hon. JASON CHAFFETZ, ical personnel under title 38, United require the VA to develop and deploy a Chairman, Committee on Oversight and Govern- States Code. However, these hiring au- standardized, anonymous exit survey ment Reform, House of Representatives, thorities are unique to the VA and can process. The VA has an existing survey Washington, DC. be complex and difficult for HR em- process but it is underutilized, with DEAR CHAIRMAN CHAFFETZ: In reference to ployees to understand and work with, just 30 percent of all clinical employees your letter on March 10, 2017, I write to con- firm our mutual understanding regarding which increases the likelihood that completing it prior to their departure those authorities go underused and HR H.R. 1367, to improve the authority of the over the last 5 years, according to a Secretary of Veterans Affairs to hire and re- professionals experience burnout. GAO report issued last year. tain physicians and other employees of the This provision would support those Factors that contribute to employees Department of Veterans Affairs and for other professionals in their important work voluntarily leaving VA service cannot purposes. while ensuring that veterans benefit as be addressed unless they are identified, I appreciate the Committee on Oversight much as possible from the special hir- and this provision would help us do and Government Reform’s waiver of consid- ing authorities that Congress has that. eration of provisions under its jurisdiction granted the VA in statute. and its subject matter as specified in your In conclusion, Mr. Chairman, the fu- letter. I acknowledge that the waiver was To encourage highly skilled employ- ture of the VA, our Nation’s second granted only to expedite floor consideration ees wishing to advance in their career largest bureaucracy, depends on the of H.R. 1367 and does not in any way waive or at the VA without taking on a manage- VA’s ability to effectively and effi- diminish the Committee on Oversight and ment role, this bill would require the ciently recruit and retain highly quali- Government Reform’s jurisdictional inter- VA to establish a promotional track fied and motivated employees in towns ests over this or similar legislation. I will for technical experts that does not re- and cities across this country. In an in- support a request from the Committee on quire transition to a managerial posi- creasingly competitive market with an Oversight and Government Reform for ap- pointment to any House-Senate conference tion. This is a commonsense provision increasingly retirement-eligible work- on HR. 1367. Finally, I will also support your that would increase the VA’s ability to force, the stakes are simply too high request to include a copy of our exchange of retain employees in highly technical for the VA to continue to struggle to letters on this matter in the Congressional positions who want to remain at the hire the employees it needs. Record during floor consideration.

VerDate Sep 11 2014 04:17 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.099 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2138 CONGRESSIONAL RECORD — HOUSE March 16, 2017 Thank you for your attention and assist- cruit, train, and retain a quality work- serve veterans, coming to try and work ance in this matter. Sincerely, force. on legislation in a bipartisan manner Sincerely, Mr. Chairman, I reserve the balance speaks volumes for his commitment. DAVID P. ROE, M.D., of my time. I yield 2 minutes to the gentleman Chairman. Mr. WENSTRUP. Mr. Chairman, I from Florida (Mr. SOTO). Mr. WALZ. Mr. Chairman, I yield would just like to take a second here to Mr. SOTO. Mr. Chairman, we send myself such time as I may consume. thank the ranking member for his hard our servicemen and -women overseas in Mr. Chairman, I rise in strong sup- work and putting forth many of the harm’s way to protect our country be- port of H.R. 1367. I would like to thank ideas that are in this bill and working cause we know that freedom isn’t free. the gentleman from Ohio, first of all, with us, and thank him for his service So it is fundamental, as we, with such as an incredibly important Member of to our country in the military and the vigor, ask them to go to the battle- the House Veterans’ Affairs Com- high rank that he achieved, and bring- field, that we protect them when they mittee, a doctor himself and, as impor- ing those experiences to us. are off the battlefield. And it is funda- tant, a colonel in the United States Mr. Chairman, I yield 2 minutes to mental that, when they return, they Army and the United States Army Re- the gentleman from Utah (Mr. have a world-class hospital system. serve. An incredible insight into the CHAFFETZ). Now, today we begin consideration of very issues we are addressing and, I Mr. CHAFFETZ. Mr. Chairman, I H.R. 1367, which is exciting because it think, bringing this bill right now, we want to thank, certainly, Dr. is a bipartisan bill to improve the VA’s had a very good debate on fixing the WENSTRUP, for bringing forward this authority to hire, train, and retain VA, moving them in the right direc- bill, and also the ranking member here physicians and other critical staff in tion. And this piece of legislation is in- for good bipartisan work. the Veterans Health Administration. credibly spot-on about another piece of 1978 was a good year. I was playing Over the last 5 years, we have seen that accountability. soccer at the AYSO as a young, 11- more than 2 million veterans enroll in Dr. WENSTRUP’s bill will help the VA year-old kid. It was also a good year the VA healthcare system, and we be- better understand its staffing short- because that was the last time the civil lieve—both parties believe that noth- ages, and I think this is important. We service had a total revamp of its sys- ing should stand in the way of any vet- all say 45,000 openings or whatever; it tem. It has been that long since civil eran having confidence in and access to is important for us to know, do we need service has had this type of reform, and care and benefits they earned and de- to hire all 45,000 of those; which ones we are looking, on the Committee on serve. are critical; which ones can be done Oversight and Government Reform, to I represent the central Florida area, faster. So that piece is common sense. take what is being done here in a good, and we are so honored to have a brand It develops an executive management bipartisan way, and try to institute new Orlando VA, in a high-growth area, fellowship program that will allow the some of these good best practices into and the need is great. I was also hon- VA to send its leaders to the private the broader Federal Government. ored to be able to have an office right sector to learn best practices and vice The current hiring process is far too across the street from the VA hospital versa; again, incredibly smart, wel- long and far too complex. We want to that we just opened up last week, to be come change. ensure the Federal Government re- in proximity and to help our veterans. It will allow the VA to develop tech- mains a competitive employment op- But I can tell you, having met with nical advancements, so employees who tion. We also want to make sure, par- some of our veterans already, we are are in a specific field can advance in ticularly at the VA, that the depart- looking at 3- to 6-month waits, even in title and salary, without moving to a ment has the necessary data to make a new facility. management role. smart hiring decisions and ensure im- A gentleman, who I will refer to as Quality hiring, training, and reten- portant positions are filled. Mr. Smith so that I don’t divulge his tion starts with a good HR department. This bill will allow technical experts personal information, came to me yes- This legislation will provide critical re- to earn promotions without having to terday, and he had issues with a podia- search into best HR practice and then necessarily go into the management trist. He was not able to see them over provide the training to VA HR man- track, which is very important. For the next couple of weeks. And in his agers. These provisions, along with some of the skill sets, you don’t have goat farm in my district, he is unable other hiring authorities, will help the to be in management if you are pro- to pursue his gainful employment, and VA get the right people in the door. viding a skill that is so imperative to we are trying to get him in over the Currently, as the gentleman said, the making sure we take care of our vet- next 2 weeks, but it could be 3 to 4 process is slow, cumbersome, and, quite erans. weeks. honestly, I think it just burns people The bill also allows for a fast-tracked So we need to stand together to re- out before they get there. And these reemployment of former VA employees store trust and accountability and fill are really dedicated folks who want to who have a proven record of success at these positions. And so I applaud both serve. the agency. We get some people trained parties, and I am excited for the Vet- I have a gentleman I have become ac- up, maybe they go and do something erans’ Affairs Committee to take this quainted with who is a nationally re- else, we ought to give the people prior- bold action to recruit and retain the nowned cardiac surgeon who left a very ities in coming back as well, to make most talented workforce, which is well- lucrative private practice to go to the sure that we have the most qualified needed to provide quality and timely VA after his son was wounded in the Federal workers who are taking care of medical care for our Nation’s veterans, current conflicts in Iraq and Afghani- the people who have taken care of us. for those in central Florida, Florida, stan, and chose to do his part by going They did the heavy lifting for this and beyond. back into the VA system. country, and they deserve better, and b 1830 He mentioned how cumbersome it we can do better by them. A big part of Mr. WALZ. Mr. Chair, before I re- was. He mentioned some of the bureau- that would be passing this bill, H.R. serve the balance of my time, I would cratic troubles that he had, and all he 1367. like to point out to the gentleman wanted to do was bring an incredible So, again, I want to thank Mr. from Florida that he has a podiatrist skill set to serve those who served us; WENSTRUP for his leadership. I am glad right here in Dr. WENSTRUP, so we can and Mr. WENSTRUP’s bill does exactly this is moving forward, and I stand in just solve the problem as we stand. that. support of the bill. I reserve the balance of my time. I encourage all Members to support Mr. WALZ. Mr. Chairman, before I Mr. WENSTRUP. Mr. Chair, I yield 2 this legislation, and ask that consider- yield to the gentleman from Florida, I minutes to the gentleman from Maine ation in support of the amendments be would like to point out, as a new Mem- (Mr. POLIQUIN), who has been a very brought forward, be considered. Each of ber bringing new vitality and new vocal supporter of our veterans every these amendments will improve on a blood to this, how encouraging it is, step of the way. really good piece of legislation, im- both to me and, I would hope, to his Mr. POLIQUIN. Mr. Chair, I would prove the Secretary’s ability to re- constituents. Seeking out ways to like to point out for the RECORD that

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A16MR7.044 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2139 both Mr. WALZ and Mr. WENSTRUP are Dr. WENSTRUP’s bill is smart. It will pay five times more for their health both veterans, and we are so grateful improve care; it will get good people in care. for their service to our country in so the VA; it will retain them; and it will Second, the plan before Congress many different ways. improve HR practices to make sure takes aim at long-term care to support Mr. Chair, it was our first com- that happens. the elderly and disabled and could ulti- mander-in-chief, George Washington, I encourage my colleagues to support mately throw seniors out of nursing who said, and I paraphrase, that we can the bill and some of the amendments homes. Three out of five nursing home never expect young men and women to that will work to improve upon a very residents in New Jersey rely on Med- rise to the occasion to fight for our good piece of legislation. icaid to access long-term care. country and for our freedom unless we Mr. Chair, I yield back the balance of Finally, it is not only seniors who take care of those who have already my time. would be hurt. This bill is a new tax on sacrificed on the battlefield. So the The CHAIR. All time for general de- all New Jersey residents. It cuts Med- wonderful thing about serving on the bate has expired. icaid and leaves the State holding the Committee for Veterans Affairs, Mr. Mr. WENSTRUP. Mr. Chair, I move bag for other States, and it puts addi- Chair, is that it is completely bipar- that the Committee do now rise. tional costs on New Jersey to confront tisan. The motion was agreed to. healthcare challenges like the opioid This is all about our veterans. We Accordingly, the Committee rose; crisis sweeping our State. just love them in the State of Maine— and the Speaker pro tempore (Mr. We need a bipartisan fix to the Af- 66,000 veterans strong in our Second POLIQUIN) having assumed the chair, fordable Care Act. This plan does just District of Maine, Mr. Chair. We have Mr. BUDD, Chair of the Committee of the opposite. I am ready to sit at the one of the highest percentages of our the Whole House on the state of the table with Democrats, Republicans, population that are veterans in the Union, reported that that Committee, and Independents to come up with a country, and we are very, very proud of having had under consideration the bill real fix. that. (H.R. 1367) to improve the authority of f I must say that, in my dealings with the Secretary of Veterans Affairs to BILLIONAIRE’S BUDGET Togus—which is, by the way, Mr. hire and retain physicians and other Chair, the first military hospital in the employees of the Department of Vet- The SPEAKER pro tempore (Mr. country. It is about 150 years old now. erans Affairs, and for other purposes, BUDD). Under the Speaker’s announced They set up to take care of our Civil had come to no resolution thereon. policy of January 3, 2017, the gentle- War veterans about 150 years ago. f woman from Washington (Ms. In any event, in talking with the JAYAPAL) is recognized for 60 minutes folks at Togus, they made it very clear CELEBRATING THE LIFE OF as the designee of the minority leader. LOUISE HOPKINS UNDERWOOD to me, Mr. Chair, that one of their big- GENERAL LEAVE gest problems they have, and it is on- (Mr. ARRINGTON asked and was Ms. JAYAPAL. Mr. Speaker, I ask going, is: How do we hire quickly and given permission to address the House unanimous consent that all Members retain the best quality doctors, nurses, for 1 minute.) have 5 legislative days to revise and ex- and medical technicians to care for our Mr. ARRINGTON. Mr. Speaker, I rise tend their remarks and include extra- heroes? today to celebrate the life and legacy neous material on the subject of my That is why I am so excited and of Louise Hopkins Underwood, a west Special Order. grateful for this opportunity to vote Texas icon who passed away Tuesday, The SPEAKER pro tempore. Is there for H.R. 1367, because it helps solve one March 7, at the age of 97. objection to the request of the gentle- of these problems. It removes red tape Mrs. Underwood was known as a woman from Washington? in the hiring process. It streamlines charismatic woman with a sharp sense There was no objection. the hiring process. of humor. A woman loved by all, she Ms. JAYAPAL. Mr. Speaker, this The Veterans Administration has was gracious, she was generous, and evening I rise to speak on behalf of the about 360,000 employees, so it is a very she was inspirational. Congressional Progressive Caucus, and large organization. When that happens, Mrs. Underwood was the mother of I believe some of my colleagues will be of course, you need to deal with admin- six and a pioneer in her quest to pro- joining me, to talk about the budget istrative burdens and red tape and mote a passion for the arts and a that has just been released by this what have you. stronger sense of community on the President. So I am encouraging all of my fellow south plains. I would like to say, Mr. Speaker, that colleagues here, Republicans and Our region, which has a rich history while it is being called a skinny budg- Democrats, to make sure they vote for better known for farming and ranch- et, we call it the billionaire’s budget. It this bill, H.R. 1367, because our best ing, is now also known for the arts, is the same misguided, rambling, fought for us, Mr. Chair, our best thanks to Mrs. Underwood. unfocused, bloated giveaway to rich fought for us. It is time that our best Ecclesiastes 7:1 says: and corporate interests that has been take care of those who fought for us. A good name is better than fine perfume, offered for years. Mr. WALZ. Mr. Chairman, I have no and the day of death better than the day of My belief is that a budget is a state- further speakers and will be prepared birth. ment of our values. This budget en- to close after the gentleman is done. Thank you, Mrs. Underwood. Thank sures that the rich get richer at the Mr. Chair, I reserve the balance of you for your fragrant life and for leav- cost of working people, the environ- my time. ing a legacy of a brighter, more color- ment, and the future of our country. Mr. WENSTRUP. Mr. Chair, once ful west Texas. Funding has been axed for nearly 20 again, I encourage all Members to sup- God bless the Underwood family. agencies, from the Corporation for port H.R. 1367, and I yield back the bal- f Public Broadcasting to the National ance of my time. Endowment for the Arts and the Na- Mr. WALZ. Mr. Chair, I can’t thank CONDEMNING HEALTHCARE BILL tional Endowment for the Humanities. the gentleman enough—smart legisla- (Mr. GOTTHEIMER asked and was In addition to elimination of these im- tion combining many good ideas, will- given permission to address the House portant agencies, the billionaire’s ingness to incorporate those best prac- for 1 minute.) budget guts funding for several other tices, and then, I think, forcing VA to Mr. GOTTHEIMER. Mr. Speaker, I important agencies. start moving in that direction. rise today to speak out against the You can see here by this chart from This is an example, I think, of where healthcare bill that is currently mak- The Washington Post exactly what is the VA is at. And while we may dis- ing its way through the House. It is an happening: the Environmental Protec- agree, and you saw a little bit of it attack on seniors that will raise New tion Agency chopped by 31 percent; the today, it is not because there is any Jersey taxes, and I refuse to sit idly by. State Department cut by 29 percent; disagreement on what the final out- First, it includes a premium senior Agriculture cut by 21 percent, the come is. tax that would make older Americans Labor Department by 21 percent.

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.102 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2140 CONGRESSIONAL RECORD — HOUSE March 16, 2017 And the cuts go on through every sin- grams that help us to figure out how other areas that ensure that we pre- gle agency of critical importance to we save lives in this country and actu- serve this planet for the next genera- the American people: Department of ally are part of the innovation that the tion. Health and Human Services, Com- United States offers. Gutting this fund- I have got a 20-year-old, Mr. Speaker, merce, Education, Housing and Urban ing would put us at a grave disadvan- and when I was running for Congress, Development at a time when we have a tage, and it would put people’s lives at he said to me: Mom, you have got to tremendous housing crisis in this coun- risk. work on climate change. It is one of try. Transportation, another critical area the most important issues facing my Transportation, from a President that this President promised that he generation. You are the stewards of our who said that he was going to invest in was going to invest in. He was going to lands. If you don’t take care of this our infrastructure, yet here you see make sure we were bringing forward planet, then we won’t have anything that the Transportation budget has a jobs, that we were investing in our in- left and my children won’t have any- 13 percent cut. frastructure, our crumbling roads and thing left. Mr. Speaker, the reality is that the bridges, making sure that we are in- This is my 20-year-old son telling me cost of security for the Trump Tower is vesting in critical transit and transpor- this. Mr. Speaker, I promised him I $183 million a year. The budget for the tation projects. But in this budget, the would do everything I can for his gen- National Endowment for the Arts is Transportation budget is facing a 13 eration and future generations to pro- $148 million a year. percent cut. That is nearly half a bil- tect our planet. There are some other cuts that we lion dollars from the TIGER grant pro- Unfortunately, one of the biggest could do if we were that concerned, but gram, which has allowed our country cuts in this budget is to the Environ- let’s talk about housing. Housing ac- to carry out critical infrastructure im- mental Protection Agency. This is a 32 cess and affordability is squarely on provement projects not just in one percent cut to the Environmental Pro- the chopping block in this billionaire’s kind of a city, not just in urban areas, tection Agency. This decimates all of budget. but urban and rural areas alike. our work on climate change, all of the With a $4.3 billion cut, HUD will lose The billionaire’s budget would also research that we need to do so we know its Community Development Block cut funding to all new fully funded how to protect our climate, all of the Grant program. Now, some people don’t grant agreements, including some real- work on environmental justice pro- know exactly what the Community De- ly important projects in cities across grams, which is really essential when velopment Block Grant program does; the country. you think about who is taking the bur- and, in fact, it sounded like Director In Seattle, our critical streetcar den of climate change. It is our low-in- Mulvaney didn’t know that either project would be cut; and light rail ex- come communities, communities of when he was asked about a critical pro- pansion, which we have been working color, and other vulnerable and gram that is funded through this Com- on for years, the State has invested in marginalized communities. munity Development Block Grant pro- a bipartisan way—when I was in the I have always believed that we should gram, and that is funding for Meals on State senate, we actually passed a $15 rename the EPA. Environmental Pro- Wheels. billion transportation infrastructure tection Agency makes it sound like it There are communities across this package because we knew that we had is something off in the distance, like it country that fund their Meals on to deal with the transportation infra- is about something out there. But, in Wheels program, which is funding for structure needs of business, of our com- fact, what the Environmental Protec- meals for the elderly who cannot get to munities across the State and the in- tion Agency does is monitor our water somewhere where they can get a meal, flux of people into our State. so that we have clean water to drink and so we take them a meal. That is and use. It monitors our air so that we b 1845 Meals on Wheels, an incredibly bipar- have clean air to breathe and we don’t tisan, beloved program. Unfortunately, We agreed in a bipartisan way that have asthma and other respiratory dis- that would go away because the CDBG this was something we needed to do. eases that come with air that is so pol- program would be cut; and, therefore, Part of that agreement included being luted that we can’t even survive in it. the Meals on Wheels program would be able to fund the next phase of light-rail It ensures that we are protecting cut. across our region. human health. These programs are an integral part Our Sound Transit CEO, Peter We could rename the EPA the Agen- of building up our communities, both Rogoff, calls this budget a ‘‘body cy for Clean Water, Clean Air, and through affordable housing as well as blow.’’ I couldn’t agree with him more. Human Health, and I think that that through some of these critical pro- We are looking at potentially a $7.7 bil- would cover a lot of what the EPA grams that go as wraparound services lion cut to Sound Transit. does. to affordable housing. These are major transportation The EPA’s cut is going to result in The city of Seattle, which I rep- projects for our cities. They would cre- 3,200 lost jobs. That is 20 percent of the resent, is currently in a state of emer- ate jobs, which is what this President department. Research programs would gency due to its housing crisis. Right said that he wanted to do, is create be discontinued both domestically and now, there are around 3,000 people ex- jobs. But by gutting these funds and around the world, and programs like periencing homelessness in the city gutting investment in transportation the Clean Power Plan and numerous and nearly 10,000 in the surrounding infrastructure, we will be stopping the restoration projects, including a crit- areas—veterans, families, LGBTQ very projects that are going to create ical restoration project in the Puget youth. those jobs and help our cities and rural Sound, the Puget Sound Restoration, This is unacceptable. Access to stable areas make the necessary upgrades would lose 93 percent of its funding. housing is absolutely critical to mak- that they need to thrive. This is true of the Great Lakes region. ing sure that members of our commu- Mr. Speaker, one of the worst areas There are places in Republican and nity are safe and able to access the that is hit in this budget is the envi- Democratic districts across this coun- services they need to get back on track ronment. This billionaire’s budget is an try that are going to suffer and see en- and live full lives. all-out assault on our environment and vironmental protection being rapidly Let’s talk about Health and Human efforts to fund research and curb cli- undone. Services. The Department of Health mate change. President Trump has made it pain- and Human Services is facing an 18 per- President Trump has found ways to fully clear that he and his administra- cent cut to its funding, which could wreak havoc on our efforts to protect tion are enemies not only of the envi- have devastating—and I am talking our planet by, in this budget, cutting ronment, but of the science that tells about life and death—consequences climate research and protection funds us that yes, we must address climate here, absolutely devastating impacts. to multiple departments. This isn’t change because it is real and it is man- It would decrease the funding for the just the Environmental Protection made. Yet, we are fighting efforts to National Institutes of Health, for can- Agency, but we are talking also about consistently undermine the research cer and medical research, critical pro- NASA space exploration and many and the science that shows us exactly

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.104 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2141 where we are as a country and what we leading the budget effort for the Presi- with their proposal released last week must do in order to protect our envi- dent. in the cloak of darkness to repeal the ronment. He had a press conference and he was Affordable Care Act and gut Medicaid Let me talk about education for a asked about the implications of these and replace it with a monstrosity of a second. With the appointment of Betsy billions of dollars of cuts to Meals on program which even their own Mem- DeVos to the Department of Education, Wheels. He was asked about one spe- bers can’t support. Under their plan, 14 President Trump has signaled that his cific program, and he had no problem million would lose their healthcare in- administration has every intention of basically casting Meals on Wheels to surance. Millions of elderly people doing whatever they can to privatize the curbside, saying: ‘‘It’s just not would lose their insurance. our education system. The billionaire’s showing any results.’’ Which is why the Now, with this mean-spirited little budget takes the first steps in that Trump administration apparently feels proposal to take a relative crumb away process. good about slashing the domestic budg- from the community development It increases charter school funding et, including the community develop- block grant and from Meals on Wheels, by $168 million and it adds $250 million ment block grants which help support they would deprive a lot of people even to create a new, private school choice Meals on Wheels across the country. of a wholesome dinner delivered to program. It cuts $3.7 billion in grants Well, let’s just take this one tiny lit- their home. that go toward after-school programs, tle example, then. Meals on Wheels ac- Why do they want to slash all of aid programs, and important teacher tually serves 2.4 million Americans be- these programs across the board: the training. tween the ages of 60 and 100. These are EPA, the State Department, the Agri- This budget would decimate Head people who, for reasons of illness or culture Department, the Labor Depart- Start. Head Start is a program that has physical infirmity or simply poverty, ment, the Department of Health and been shown to be successful. When you cannot go grocery shopping for them- Human Services, the Commerce De- invest early in kids’ education and you selves or prepare meals for themselves. partment, the Education Department, make sure that you give them that Why don’t we take a moment to HUD, Transportation, Interior, and so early support, it definitely has an im- praise the people at Meals on Wheels on? Why? pact in diminishing and breaking that who actually do something construc- Well, the President has announced he school-to-prison pipeline. tive and patriotic for their country. wants to take $54 billion out of that These are investments that save us They bring food to older people who slice of the pie for nondefense discre- money in the long run. Not only are might otherwise go without. tionary spending, which accounts for they the most humane thing to do and You might say: Well, that is just only 16 percent of the overall budget, the right thing to do, but they are ac- kind of mushy-headed and soft-hearted. and put that $54 billion directly into tually cost-effective programs that We are in the age of the budget ax. We the Pentagon. stop us from having to spend millions need to destroy these domestic pro- Just to repeat, they want to take $54 of dollars down the line when people grams that are a terrible burden on the billion out of the domestic budget, non- can’t get a great public education. taxpayers. defense discretionary spending, and put We should be investing in our public Check out a 2013 review of studies on it into the Pentagon for a military education program and making sure the issue of home-delivered meal pro- buildup. that we are helping kids to go all the grams like Meals on Wheels. The study But for what? way from early learning to higher edu- says that these programs ‘‘signifi- The world’s second largest military cation. That is the foundation of a cantly improve diet quality, increase power is Russia. We outspend them 10 great country, when we are educating nutrient intake, and reduce food inse- to 1. We are a giant and they are a and investing in our students to have curity and nutritional risk among par- dwarf. that kind of a great education. ticipants. Other beneficial outcomes Vladimir Putin, in any event, is Don- Mr. Speaker, I see that my colleague include increased socialization oppor- ald Trump’s best friend, his BFF, his from the Progressive Caucus is here. I tunities, improvement in dietary ad- bosom buddy. The Trump-Putin rela- yield to the gentleman from Maryland herence, and higher quality of life.’’ tionship may be the President’s most (Mr. RASKIN), the wonderful Represent- Well, maybe you don’t care about successful long-term relationship, at ative from that State, because I know any of those things. Maybe you just least politically speaking. he has got somewhere to go right after consider about the bottom line. All that money that goes to the Pen- this. I invite him to come up here, and Consider this finding. These pro- tagon, why? What is it for? Is it pos- I thank him for his leadership on all grams are aligned with the Federal sible that Mr. Bannon and Mr. Trump issues constitutional and otherwise. cost-containment policy to rebalance are thinking about a war drive? Mr. RASKIN. Mr. Speaker, we are so long-term care away from nursing The President has tweeted about proud of the leadership Congresswoman homes to home and community-based World War III in a very cavalier and JAYAPAL is showing in both Wash- services by helping older adults main- flippant way. ington State and Washington, D.C., in tain independence and remain in their It is disturbing. Nobody really resisting these terrible cuts to the do- homes and communities as their health knows. But one thing we do know is mestic budget of the people of the and functioning decline. that all of that money that goes over United States, in showing leadership, You see, for Mr. Mulvaney and Presi- to the Pentagon, if history is any also especially in defending American dent Trump and the Cabinet of billion- record, will be available for the belt- values when it comes to immigration aires and CEOs and ethically chal- way bandits, the inside players with and affording a refuge to people fleeing lenged Russian-influenced corporate ti- political influence and the mega cor- political and religious repression all tans, they don’t care about how the porations to go and make a buck off of over the world. program is actually working right here the American taxpayer. She is a true leader and we are very in American communities. We will strip it from the EPA, and we proud of her. I am grateful that she is They don’t care about facts. We know will strip it from the Department of sharing a couple of minutes with me they have contempt for facts, which is State, and we will strip it from edu- tonight to talk about the astonishing why they give us their alternative cation and we will put it in the Pen- news of the day, which is the most dra- facts. They don’t care about studies tagon, and that is where we know a lot matic and draconian budget cuts of- and books because we know the Presi- of people are going to get rich. fered perhaps in our lifetime to the do- dent is their leader and he doesn’t read mestic budget of the United States. books. b 1900 It is going to take us many days— They definitely don’t care about the They are going from Meals on Wheels many weeks, indeed—to fully analyze elderly people who can’t make it to the to deals on wheels. That is the name of what exactly will be axed with these grocery store or who can’t afford nutri- the game. No more Meals on Wheels. It budget proposals, but I wanted to start tious meals on their own. These are the is all about deals on wheels. You have with a little exchange that took place same people, after all, that they pro- got to know the President, you have today with Mick Mulvaney, who is pose to throw to the curb on Medicaid, got to know the inside players in the

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.105 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2142 CONGRESSIONAL RECORD — HOUSE March 16, 2017 billionaire Cabinet, and then you can 9/11 hijackers—Saudi Arabia, Egypt, orities of the American people, make make some money. and the United Arab Emirates—were clear that these are not the values of Who are they going to sacrifice for left off their executive orders, even the American people, and this is not this operation announced this week? right up until today. the future of the American people. We Well, it would take us all night to go Why? must continue to make progress. That through all of the domestic programs Some people say it is because Donald means we must reject the Trump budg- and projects that the American people Trump has extensive business dealings et. depend on that are going to be sliced with corporations and governments in Ms. JAYAPAL. Mr. Speaker, I thank and diced because of this budget pro- those three countries. Nobody really Representative RASKIN for his con- posal, at least if it goes through. knows. But they developed those or- sistent brilliance and leadership. I so But let’s start with the National In- ders, which the GOP proudly once appreciate it. It has been a tremendous stitutes of Health, the NIH. The admin- called the Muslim ban, in response al- honor to serve with him here. istration proposes to cut nearly $6 bil- legedly to 9/11. Even if you could blame I want to talk about another area lion from the NIH—$5.8 billion they an entire people for the acts of indi- that we haven’t covered yet, which is want to get rid of. vidual terrorists, they didn’t do it. the State and development programs Now, what is the NIH, which happens They turned to some other countries budget. This is essentially our efforts to be in my congressional district in because that didn’t interfere with the around diplomacy and development Rockville—and I am so proud of that— President’s business interests. around the world. This would be in- where we have got doctors and nurses So we have got this huge military credibly hard hit. The prime target is and researchers and scientists who are buildup and we have got the siphoning the United Nations. Climate change working every day as part of the insti- away of tens of billions of dollars of the initiatives at the United Nations would tutional world leader in biomedical re- American people’s hard-earned money lose all of their funding. The govern- search? away from medical research and dis- ment would cut back its regular con- This is an entity that supports hun- eases and environmental protection all tribution to the U.N. and pay no more dreds of thousands of jobs. These cuts into the Pentagon. For what reason, than 25 percent of the cost of U.N. would devastate the NIH and their abil- nobody knows, and they haven’t told peacekeeping operations. The budget ity to research lifesaving cures and us. would hit all of the multilateral devel- treatments for diseases. What a dangerous moment this is in opment banks, like the World Bank, What kinds of diseases are being the life of the American Republic. which would be trimmed by $650 mil- treated there? What a perilous time this is for a na- lion over 3 years, and cultural pro- I am not going to be able to go tion built on the principle that that grams like the East-West Center in through all of them because there are great Republican President Abraham Honolulu. hundreds of them that are being re- Lincoln called government of the peo- Today a number of Republican col- searched, where treatments are being ple, by the people, and for the people. leagues talked about how misguided developed, where patients are being Their budget proposal is a job killer. this cut was, and it made me very seen, where progress is being made. It is going to kill hundreds of thou- hopeful, to be honest. Representatives Acute respiratory distress syndrome, sands of jobs. It devastates and ruins HAL ROGERS and TED YOHO both agree Agent Orange and dioxin, aging, alco- the search for cures, the progress we that this cut is absolutely misguided. holism, Alzheimer’s disease, ALS, ano- are making in diseases like cystic fi- Several retired three- and four-star rexia, anthrax, antimicrobial resist- brosis and diabetes. Diseases that af- generals wrote a letter to Congress ex- ance, anxiety disorders, aphasia, ar- flict hundreds of thousands, millions of pressing their deep concern over these thritis, assistive technology, asthma, our people, they are just going to pull serious budget cuts that are being attention deficit disorder, autism, the plug on that. They are ransacking made to the State Department because autoimmune disease. That is just the our children’s education. They are they know that diplomacy goes hand in A’s. hollowing out the rural communities. hand with any kind of defense that has Let’s keep going a little bit. Batten They are making urban life far more to be put out there. You have got to disease, biodefense, bioengineering, dangerous. They are weakening our have the two together. Here is what biotechnology, bipolar disorder, brain leadership overseas. And, of course, be- they said: ‘‘The State Department, cancer, brain disorders, breast cancer, cause they don’t believe in climate USAID, Millennium Challenge Corpora- cancer, cannabinoid research, cardio- change, they are undermining our abil- tion, Peace Corps and other develop- vascular, cerebral palsy, cervical can- ity to respond to the great peril that ment agencies are critical to pre- cer, child abuse and neglect research, faces us as a people. venting conflict and reducing the need Charcot-Marie-Tooth disease, child- Just like the proposal to trash the to put our men and women in uniform hood leukemia, chronic fatigue syn- Affordable Care Act cannot go through in harm’s way.’’ drome, chronic liver disease and cir- this body because there must be a ma- In 2013, General Mattis himself said rhosis, chronic obstructive pulmonary jority of responsible Members of this that if more funding for development disease, climate change, climate-re- body who will not accept that terrible wasn’t provided, he would have to buy lated exposures and conditions, proposal that will throw 24 million of more bullets. Development programs colorectal cancer, and on and on. That our people off their insurance, this are inextricably linked with our na- is just the A’s, the B’s, and the C’s. body also cannot accept this terrible tional security, and this President They want to cut $6 billion from the budget. It must have arrived here DOA. should not be cutting these funds if he NIH, which is working to cure, address, If a foreign government, a rival to wants to bolster national security. If study, and manage the diseases and the America, an enemy of America, had he wants to bolster national security, sicknesses that our people are dealing come up with this budget, we would re- then we should be investing more of with; and just cavalierly they say they gard it as an act of aggression against our dollars into diplomacy and devel- want to slash it so they can pour all of the American people. You could view it opment as two of the other legs of a this money over to the military side as a declaration of war against the three-legged stool. Unfortunately, he is for a reason unknown. prosperity, the health, and the welfare going in the opposite direction. When they came down with their ex- of our own people. But, alas, it didn’t Our aid and development efforts have ecutive orders, which have now been come from abroad. At least it was ad- to be well-rounded and holistic. I know struck down by multiple Federal Dis- dressed that it came from the White this because I have worked in inter- trict Courts as unconstitutional, as a House. It appears to have come from national development before all over violation of the Establishment Clause, the administration, yet it threatens the world. I have worked along the bor- as a violation likely of due process and our way of life. ders of Laos and Cambodia, in Thai- equal protection and so on, what they I would urge all of my colleagues to land. I have worked across south Asia. cited was 9/11 multiple times. They very carefully study this budget pro- I have worked in Latin America. I cited 9/11. The odd thing, though, was posal over the next week or two and know and I understand that our rela- that the three source countries for the make clear that these are not the pri- tionships and our ability to build

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.107 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2143 strong multilateral coalitions and to Mr. Speaker, I yield back the balance Victor Marx and All Things Possible invest in the stability of countries as of my time. Ministries have brought this powerful war is happening there is absolutely es- f ministry to life in a very touching way. sential to preserving peace. It should encourage all of us to relent- The generals wrote: ‘‘We know from b 1915 lessly pursue that day when the light our service in uniform that many of RECOGNIZING VICTOR MARX of hope will fall across all of the lonely the crises our nation faces do not have faces of God’s children all over this The SPEAKER pro tempore (Mr. military solutions alone—from con- world and to that time when future GALLAGHER fronting violent extremist groups like ). Under the Speaker’s an- generations, of those whom Jesus ISIS in the Middle East and north Afri- nounced policy of January 3, 2017, the called the least of these our brothers ca to preventing pandemics like Ebola. gentleman from Arizona (Mr. FRANKS) and sisters, will be able to walk in the . . .’’ is recognized for 60 minutes as the des- sunlight of liberty for as long as man- This 29 percent cut is absolutely un- ignee of the majority leader. kind inherits the Earth. acceptable and will not keep us safe. Mr. FRANKS of Arizona. Mr. Speak- Mr. Speaker, I commend Victor Marx The billionaire’s budget doesn’t just er, Mr. Victor Marx is a man dedicated and All Things Possible, and I thank cut funding for these programs, to spreading the great truth that even them for trying to make a better though. It also increases spending, and in the face of hate and violence, the world. not for the benefit of our communities. love of God can heal even the most Mr. Speaker, I yield back the balance This administration is calling for $3 wounded among us. Victor’s full life of my time. billion to detain more immigrants, de- story has been chronicled in the book port more people, and build a bigger ‘‘The Victor Marx Story’’ and in a film f border wall. The staggering increase to by the same name. Victor’s animating, faith-motivated, DISMANTLING THE AFFORDABLE detain an unprecedented 45,700 men and CARE ACT women is unacceptable. moral imperative to help the suffering Mr. Speaker, 167 men and women has fueled the mission of All Things The SPEAKER pro tempore. Under have died in detention since October Possible to free children from abuse the Speaker’s announced policy of Jan- 2003. The organization that I used to and the effects of its trauma. uary 3, 2017, the Chair recognizes the work at put out a human rights abuses Therefore, Mr. Speaker, I rise today gentleman from Oregon (Mr. BLU- report about the detention center con- to recognize and to commend Victor MENAUER) for 30 minutes. trolled by the GEO corporation, private Marx and All Things Possible Min- Mr. BLUMENAUER. Mr. Speaker, detention center way back in 2005 or istries for the work they do to reach this has been a fascinating 2 weeks 2006. We looked at all of the human out and embrace traumatized individ- here on Capitol Hill. We have had, last rights abuses that were happening not uals across the world. week, all night sessions in our Ways only in that detention center, but we In 2015, All Things Possible launched and Means Committee and on the En- did research on what was happening high-risk missions to bring hope to ergy and Commerce Committee dealing around the country. those suffering abuse at the hands of with the Republican plan to dismantle Among the 35 death reviews in this evil in the Middle East. Victor and his the Affordable Care Act. At times, Mr. recent report that came out that have team, including Dave Eubank of Free Speaker, it is really hard to process all been released through Freedom of In- the Oppressed, visited Iraq to help over of the claims and counterclaims that formation Act requests, substandard 300 young women and children who are going on. I feel occasionally like I medical care contributed to at least 15 were previously held captive or trau- am in an alternative universe, and it is deaths. And even when government in- matized by the violence of ISIS. not just because we were up until 4:30 vestigations concluded that a facility In an effort to provide children with in the morning debating this. violated government detention stand- tangible comfort, ATP launched the People have lost track of how we got ards, the government fails to hold Lions and Lambs project. More than to this point—what was happening ear- these private facilities accountable and 11,000 little boys and girls have re- lier, what has been the benefit and ac- make sure that changes are made to ceived stuffed animals that play cul- complishment of the Affordable Care address deficiencies that lead to the tural songs and prayers in a language Act, and what is going to happen mov- loss of human life. native to their region. These signs of ing forward were we to adopt a really Instead of spending $3 billion on im- huggable hope remind them that they disastrous proposal advanced by my migration enforcement and detention, are not forgotten by the outside world. Republican friends. here is what we could do with that In 2016, Victor and his team initiated Twenty-five years ago, I was in a dif- money: We could create 45,000 new mid- efforts to find persecuted Christian ferent role as Portland’s commissioner dle class jobs. We could build 184 new families in northern Iraq and move of public works. And one of the ele- elementary schools. We could hire them to safe havens in neighboring ments in my portfolio for several years about 55,000 new kindergarten and ele- countries. To date, ATP has relocated was to deal with personnel and benefits mentary schoolteachers. We could pro- more than 40 individuals specifically and health care. I am fully aware of vide close to 337,000 Head Start slots targeted by ISIS for elimination, giv- trying to deal with our 6,000 employees for young kids. We could pay for nearly ing them hope for a safer, better life, to provide them with affordable health 311,000 people to attend a 4-year college and restoring their faith in the human care that the city, as the employer, per year. We could help States protect spirit. could afford, and that wasn’t too bur- and save up to 12,000 at-risk wildlife Last year, ATP launched the third densome on our employees. We were and plant species in the United States option with the goal of offering con- caught in a situation with rapidly esca- every year for the next 2.3 years. By crete alternatives to those vulnerable lating costs, inflation for medical care the way, we could also provide nearly to ISIS recruitment. ATP unites with twice the rate of the ordinary infla- 2.1 million households with solar en- moderate leaders of the Islamic faith tion; we were having problems with ergy. We could weatherize over 460,000 to pursue this goal. Recognizing Victor employers maintaining coverage in an homes nationwide, saving the average as a man of the book, a key leader of affordable fashion; and the individual household about $283 a year. And we the Sunni Endowment is now working market was, frankly, very chaotic and could provide 10 million lifesaving HIV/ with ATP to craft a common narrative troublesome. AIDS treatments. designed to prevent men of military I have with me here a report from the Mr. Speaker, this budget is about age from being assimilated into ISIS. Kaiser Family Foundation from March profit over safety, privatization over Mr. Speaker, the prophet Isaiah said: of 2009. They talked about these chal- public good. It is about war over peace The wolf also shall lie down with the lenges—how the United States and diplomacy. And it is about incar- lamb, and the leopard shall lie down healthcare spending had risen from 1970 ceration over rehabilitation. It is fun- with the kid; and the calf and the from 7.2 percent of the gross domestic damentally about billionaires and lob- young lion and the fatling together; product to where they projected that it byists over the American people. and a little child shall lead them. was going to cost us by 2018, next year.

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.108 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2144 CONGRESSIONAL RECORD — HOUSE March 16, 2017 It would be $4.3 trillion, $13,100 per resi- Care Act has been in place, it has had Despite the claims of outrage on the dent, and account for over 20 percent of remarkable achievements. Republican side that there would be the gross domestic product. You recall I mentioned what the employers dropping coverage for their Mr. Speaker, I am pleased to say studies showed that we were facing employees en masse, we found that, in that, as a result of the unprecedented with rapidly escalating healthcare the main, employers retained coverage. reforms that were incorporated in the costs, where it was estimated that we Now, this is not the case going forward Affordable Care Act, we were able to would be having over 20 percent of the with the Republican proposal. deal with this problem. We began 10 gross domestic product, we would be I think there was a reason why my years ago, when Democrats gained con- approaching over $13,100 per resident. Republican friends insisted on jam- trol of Congress, working on expansion Well, that didn’t happen. Despite the ming this through the Ways and Means of the CHIP program, children’s health, dire predictions of the Republican op- Committee and the Energy and Com- and it was one of the first actions position, healthcare costs did not sky- merce Committee before we had a signed into law by President Obama rocket. chance for the scorekeeper, the CBO, to when he assumed office and we weren’t In fact, we anticipate now that in- give the results of their analysis: be- facing a veto from the Bush adminis- stead of being over $13,000 per resident, cause they knew how bad it would tration. it is under $10,000 after a couple years look. We have been working for over 3 of operation of the Affordable Care Act. The CBO anticipates that there will years trying to lay the foundation for Not over 20 percent of the gross domes- be 14 million more uninsured Ameri- moving forward with a comprehensive tic product, but 18 percent. We have cans, including 2 million who will lose approach for healthcare reform. And it found that these are the lowest rates of coverage provided by their employer should be noted, for all of the hyper- medical inflation since we have been because of the way their alternative bole about socialized medicine and gov- keeping track. tax credit for health insurance would ernment dictating outcomes and tak- The Affordable Care Act, by any be structured. In my State, it is esti- ing control away from the American stretch of the imagination, has been a mated that as many as 465,000 Orego- people, that is the furthest thing from success. We have seen coverage expand nians could lose coverage. The unin- the truth. dramatically to the lowest rate of un- sured rate will triple in our State. In fact, the program that was devel- insured in the United States in our his- One of the areas that has been most oped by President Obama and the tory while we have contained costs. successful with the Affordable Care Act Democrats, with no help from Repub- That success is all the more remark- has been for older Americans. They licans, was actually a middle ground. It able because there has been a concerted benefit from the protections against relied upon the private insurance that effort on the part of the Republicans, discrimination, and they are going to most Americans had through work, and from the moment they seized control of see a return to much higher premiums be able to expand that coverage, to be the House in 2011, to make it worse. and higher costs. Bear in mind, the Republicans at- able to improve the quality of care, to The Republican plan would take the tacked the Affordable Care Act in be able to rein in medical inflation, to requirement that seniors pay no more court, on the floor of the House, and in be able to deal with some of the most than three times the rate of insurance terms of trying to muddy the waters on needy of us, and to be able to have a for premiums for younger people, that the State level. The Supreme Court healthcare system that performed bet- will be five times greater. And instead challenge to the constitutionality of ter. of the subsidy that is based on income, the Affordable Care Act failed. The Su- The simple fact is we spend about there will just be a flat subsidy across preme Court decided that the Afford- twice as much as any other developed the board. This means, in practice, able Care Act was constitutional and country in the world. And our out- that older Americans are going to face would remain. comes, on average, are worse than But the Supreme Court made a dev- steeply higher premiums, and they are what happens in those countries that astating decision that allowed indi- going to pay far more out-of-pocket be- my friends on the other side of the vidual States to opt out of Medicaid ex- cause of the less generous subsidy. aisle derided—Canada, Great Britain, pansion. That was part of the program One example that ought to get, I France, Germany. As a practical mat- that was so important to be able to ex- think, everybody’s attention: In 2026, a ter, those people get sick less often, tend care on a cost-effective basis to 64-year-old with an income of about they get well faster, they live longer, some of the lowest income people in $26,500 would pay $14,600 for their and they do so for a fraction of what we the country. Thirty-one States did. health insurance as opposed to $1,700 pay. Nineteen States refused to do so. That today, an increase of almost $13,000. So what we did, through a very ex- undercut the coverage, made huge Now, there are winners and losers tensive process—multiple public hear- problems, created situations where under the Republican approach. The ings, meetings, seminars, position pa- there were people in the Republican- healthy, young people will catch a pers that were generated from a wide controlled States that refused to ex- break, but older Americans will pay a variety of areas—was to assemble a tend Medicaid, despite the fact that the lot more at precisely the time when program to deal with that. One of the Federal Government was paying for it, they need health insurance. elements that drew the scorn of my Re- that we had people who were too poor Now, our Speaker appeared to be con- publican friends, and, in fact, is part of to qualify for assistance. Shocking, fused when he was describing the dif- their repeal that is one of the center- embarrassing, and to the detriment of ference between the Republican ap- pieces, is to repeal the mandate that those States, they had much worse out- proach and the Affordable Care Act, people have health care. comes. when he talked about how all of these It is ironic that that has become a But it is ironic that some of the peo- people are being subsidized by the ma- target from Republicans because the ple who started attacking the Congres- jority, who aren’t sick. As many com- mandate came from Republican alter- sional Budget Office projections about mentators rushed to point out to the natives to HillaryCare in the Clinton the impact of the Republican plan Speaker, that is what insurance is administration. In fact, 19 Republican pointed to the calculation on the part about. Many people pay some to sub- Senators, including Senator GRASSLEY of the CBO that they underestimated sidize those who suffer loss. You pay a and Senator HATCH, supported a the number of people who would be un- couple of hundred dollars a year for healthcare mandate to be able to ex- insured. auto insurance so that, when you have pand and stabilize the health insurance a $10,000 loss, that is picked up by the market. b 1930 people who don’t suffer a loss but paid Well, what we have done through Well, that was precisely because the premiums nonetheless. those 2 years that it was enacted, there was no expectation that States Think about what the Republicans March 23, 2010—we are approaching the would not expand Medicare, and if that have put in place. They are doubling seventh anniversary—it went live in unfortunate decision hadn’t been made, down on what the Trump administra- the fall and was fully in effect in 2014. we would, in fact, have seen them hit tion has done trying to discredit the ef- So in the 3 years that the Affordable their target numbers. ficacy of the program, casting it in

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.109 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2145 doubt. The administration has already $12,000, $7,000 family income—making icans by cutting the Medicare trust stopped enforcing the mandate. it very, very hard and for only the fund resources. Because of the total The IRS is supposed to check and en- most desperately poor to qualify for it. impact of what we have done with the force to make sure that people sign up Now, the Republican plan will elimi- Affordable Care Act, we have watched for the ACA and everybody is part of nate the Medicaid expansion in its cur- the Medicare trust fund have its life the insurance pool, just like States rent form. It would cap Medicaid fund- extended 2 years. The Republican tax have mandatory auto insurance. You ing, and, ultimately, we are going to proposal will cut $170 billion from the are not allowed to run the risk of watch, reverting to what we had be- Medicare trust fund, moving it closer harming your fellow motorists by not fore—in effect, de facto rationing. to being insolvent. having insurance. That is widely ac- In Oregon, the Republican plan would It is fascinating. Donald Trump cepted and understood that it is nec- shift $2.5 billion back to the States promised not to touch Medicare or essary to have the system work right. over the next 6 years. States are going Medicaid. This plan violates both those Now the Republicans are increasing to be left with impossible decisions: re- promises. And as I had mentioned, the the damage that Trump has imposed, ducing benefits, cutting people off of Trump promise that everybody would unilaterally, by not enforcing the man- Medicaid. be covered under the Republican plan date. They are going to repeal the man- This is what has happened histori- rings false. That is simply not the case. date. In place of the mandate, they are cally when people ran into difficult fi- Mr. Speaker, it was interesting, in going to have a 30 percent surcharge in nancial times in the States. They the course of our deliberations, we re- case people drop coverage and decide to didn’t raise taxes to make sure that ceived correspondence from the Amer- reenter the insurance pool. the poor were provided coverage; they ican Association of Retired Persons. Well, think about that for a moment. cut back coverage even more. They represent 38 million members in The people who are young, healthy, Sadly, under the Republican plan, 14 all 50 States, in the District of Colum- million Americans would lose Medicaid who feel invincible and don’t have bia, Puerto Rico, and the Virgin Is- coverage by 2026, and it would start healthcare problems now are very like- lands. It has a proven track record of ly not to get insurance at all. They fig- having its impact in less than 3 years. The policy would also severely set being nonpartisan, a nationwide orga- ure that when they get sick, they can nization that helps people turn their go ahead, pay the 30 percent premium. back efforts to combat opioid addiction and improve mental health treatment. goals and dreams into real possibilities If they find out they have got cancer, In my community, as I visit health for older Americans. They have a wide some serious disease, then they can centers, find out what is going on in range of issues for which they have sign up later. It is designed to desta- clinics, in local government, officials championed and gained notoriety; but, bilize the insurance system that we that deal with the homeless, the drug most significantly, we have watched have. addicted, the mentally ill, we found them be involved with healthcare deci- By the same token, we are looking at that they are using the opportunity to sions, and they have been proven non- the other end of the spectrum where enroll people in Medicaid to give them partisan. In fact, I took issue with the people who are lower income, older, proper care and not put that burden on them when we were dealing with the and sick are going to pay a dispropor- local governments that they simply Medicare part D prescription drug pro- tionate burden. That is why the CBO can’t cope with. gram in 2004. determined, in their analysis, that in The Republican plan would prevent b 1945 2026, actually, there will be a drop in that. We won’t be able to have people terms of insurance premiums, in terms most in need provided with the mental It was unfortunate, I thought, that of the cost. They will start to go down. health, the addiction services, the they kind of threw their weight to an They will go down because older Amer- health care that they need. inadequate program that was not paid icans will be unable to afford the pre- The Republican plan would put 2.8 for, that added to the deficit, and mium. They will drop the coverage. million people with substance dis- didn’t do anything to fight to reduce It is not that they don’t need health orders, including over 200,000—about prescription drug costs. But they made care. It is not that they are going to 220,000 is the estimate that I have the judgment that this was the best somehow avoid becoming sick or hav- seen—with opioid disorders, at risk of they could do for the people they rep- ing accidents, but they are not going to losing their coverage, including the resented, and they didn’t hesitate for a have insurance coverage. That means coverage of addiction treatment, con- moment to work with Republicans to the care that many of them are going tinuing the tragic cycle that we see be able to enact that. to experience will be what we were played out in our streets across the They wrote on March 7 to the chairs fighting against before the Affordable country, but particularly in Appa- of our Energy and Commerce Com- Care Act. It will be in the emergency lachia. Some of the areas that actually mittee and our Ways and Means Com- room. It will be when it is too late. It were most opposed to the Affordable mittee to express their opposition to is not in a clinic before things get Care Act have received the greatest the American Health Care Act. They worse. It is after the fact, and it is in benefit. did so because it would weaken Medi- a setting that is not nearly as effec- In a time of concern about budget care’s fiscal sustainability. They said tive. deficits, repealing the Affordable Care it would dramatically increase the Mr. Speaker, it is really dis- taxes—which we approved in the Ways healthcare cost for Americans age 50 to appointing that part of the assault is and Means Committee in the middle of 64 and put at risk the health care of on the Medicaid program itself. Med- the night last week—would create an millions of children and adults with icaid is this program that provides care immediate windfall tax cut for the disabilities and poor seniors who de- to the elderly, disabled, pregnant highest American taxpayers. The Af- pend on Medicaid programs for long- women, children, poor people. It is part fordable Care Act was a balanced plan term services, supports, and other ben- of the bedrock safety net of this coun- that actually reduced the deficit while efits. try. Republicans were against the ex- it improved healthcare outcomes They have long fought to protect pansion of Medicaid and making the across the country. Medicare, and they pointed out in their qualifications to have Medicaid be This approach is going to provide— correspondence that the 2016 Medicare more generous. for example, the top 400 earners would trustee report said that the Medicare Under the Affordable Care Act, it is see an average tax break of about $7 part A trust fund is solvent until 2028. 138 percent of poverty, so lower and million a year, and people who are mil- This is 11 years longer than the projec- middle-income families are able to ac- lionaires will be receiving tax cuts tion immediately before the Affordable cess this care. Prior to that, there were averaging $57,000 apiece; but, as it Care Act. Because of the changes in the widely varying requirements across the plays out, we will find taxes would Affordable Care Act, we gained sol- country, and many of the States, par- raise significantly on about 7 million vency, 11 years longer. ticularly in the South, the States that low- and moderate-income families. Now, they have serious concerns declined to expand Medicaid, were fac- Mr. Speaker, it also puts in jeopardy about the Health Care Act that re- ing really onerous restrictions—$10,000, Medicare coverage for 57 million Amer- pealed provisions that strengthen the

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.111 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2146 CONGRESSIONAL RECORD — HOUSE March 16, 2017 fiscal outlook, specifically the repeal SENATE ENROLLED JOINT Locations and Dynamic Effects Associated of the .9 percent payroll tax on higher RESOLUTION SIGNED with the Postulated Rupture of Piping [SPR 3.6.2] received March 14, 2017, pursuant to 5 income workers. According to their The Speaker announced his signature analysis, this provision would hasten U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. to an enrolled Joint Resolution of the 251; (110 Stat. 868); to the Committee on En- the insolvency of Medicare by up to 4 Senate of the following title: ergy and Commerce. years and diminish Medicare’s ability S.J. Res. 1. Joint resolution approving the 784. A letter from the Director, Office of to pay for services in the future. location of a memorial to commemorate and Congressional Affairs, Office of New Reac- Think about it, Mr. Speaker, we are honor the members of the Armed Forces who tors, Nuclear Regulatory Commission, trans- dramatically increasing the number of served on active duty in support of Operation mitting the Commission’s final NUREG — uninsured Americans. We are going to Desert Storm or Operation Desert Shield. Special Topics for Mechanical Components [SRP 3.9.1] received March 14, 2017, pursuant give them more expensive insurance of f a lower quality. They will have higher to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, ADJOURNMENT Sec. 251; (110 Stat. 868); to the Committee on deductibles and copays. At the same Energy and Commerce. time, we are jeopardizing the future of Mr. BLUMENAUER. Mr. Speaker, I 785. A letter from the Assistant General Medicare, which so many American move that the House do now adjourn. Counsel for Regulatory Affairs, Office of the seniors rely upon. The motion was agreed to; accord- General Counsel, Consumer Product Safety They pointed out that about 6.1 mil- ingly (at 7 o’clock and 50 minutes Commission, transmitting the Commission’s lion Americans age 50 to 64 purchase p.m.), the House adjourned until to- direct final rule — Safety Standard Man- their insurance in the nongroup mar- morrow, Friday, March 17, 2017, at 9 dating ASTM F963 for Toys [Docket No.: ket, and that over half of them were el- a.m. CPSC-2017-0010] received March 9, 2017, pur- suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- igible to receive subsidies for health in- f 121, Sec. 251; (110 Stat. 868); to the Committee surance coverage. They note the sig- EXECUTIVE COMMUNICATIONS, on Energy and Commerce. nificant reduction in the number of un- ETC. 786. A letter from the Secretary, Depart- insured since passage of the ACA, with ment of Commerce, transmitting a report the number of people in that age brack- Under clause 2 of rule XIV, executive certifying that the export of the listed items et dropping by half. communications were taken from the to the People’s Republic of China is not det- Yet, according to CBO, what is going Speaker’s table and referred as follows: rimental to the U.S. space launch industry, pursuant to 22 U.S.C. 2778 note; Public Law to happen if the Republican plan is en- 777. A communication from the President 105-261, Sec. 1512 (as amended by Public Law of the United States, transmitting the pre- acted, that that number is going to go 105-277, Sec. 146); (112 Stat. 2174); to the Com- liminary budget of the United States Gov- back up again, it is going to be mittee on Foreign Affairs. unaffordable for a number of seniors, ernment for Fiscal Year 2018, pursuant to 31 787. A letter from the Secretary, Depart- and they are going to be paying a much U.S.C. 1105(a); Public Law 97-258 (as amended ment of the Treasury, transmitting a six- by Public Law 101-508, Sec. 13112(c)(1)); (104 month periodic report on the national emer- higher cost. Stat. 1288-608) (H. Doc. No. 115—18); to the Mr. Speaker, it is troubling that we gency with respect to Somalia that was de- Committee on Appropriations and ordered to clared in Executive Order 13536 of April 12, are having a debate where we really be printed. have tried to discredit independent 2010, pursuant to 50 U.S.C. 1641(c); Public 778. A communication from the President Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 sources, where we have had no hearing of the United States, transmitting a request U.S.C. 1703(c); Public Law 95-223, Sec 204(c); dealing with the legislation that is for additional appropriations to the Depart- (91 Stat. 1627); to the Committee on Foreign rushing toward the House floor. ment of Defense and the Department of Affairs. It is ironic that there was debate and Homeland Security for Fiscal Year 2017 (H. 788. A letter from the Secretary, Depart- discussion criticizing Democrats for Doc. No. 115—19); to the Committee on Ap- ment of the Treasury, transmitting a six- the 3 years we spent developing the propriations and ordered to be printed. month periodic report on the national emer- 779. A letter from the Chief of Staff, Media gency with respect to Iran that was declared framework for moving the legislation Bureau, Federal Communications Commis- forward. And after 6 years of my Re- in Executive Order 12957 of March 15, 1995, sion, transmitting the Commission’s final pursuant to 50 U.S.C. 1641(c); Public Law 94- publican friends being in power in the rule — Amendment of Sec. 72.202(b), Table of 412, Sec. 401(c); (90 Stat. 1257) and 50 U.S.C. House, chipping away, undermining the Allotments, FM Broadcast Stations (Red 1703(c); Public Law 95-223, Sec 204(c); (91 Stat. Affordable Care Act, trying to make it Lake, Minnesota) [MB Docket No.: 16-371] 1627); to the Committee on Foreign Affairs. worse, discrediting it, and voting over (RM-11777) received March 6, 2017, pursuant 789. A letter from the Director, Defense Se- 60 times to repeal it, they do not have to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, curity Cooperation Agency, Department of a plan in place to replace it. Sec. 251; (110 Stat. 868); to the Committee on Defense, transmitting the Army’s proposed Energy and Commerce. Letter of Offer and Acceptance to Singapore, Now, this is the best we can come up 780. A letter from the Director, Office of with. It is a program that is widely dis- Transmittal No. 16-81, pursuant to Sec. Congressional Affairs, Nuclear Regulatory 36(b)(1) of the Arms Export Control Act, as credited. Commission, transmitting the Commission’s amended; to the Committee on Foreign Af- Mr. Speaker, I yield back the balance final NUREG — Postulated Rupture Loca- fairs. of my time. tions in Fluid System Piping Inside and Out- 790. A letter from the Associate General f side Containment [Branch Technical Posi- Counsel for General Law, Department of tion 3-4] received March 14, 2017, pursuant to Homeland Security, transmitting two notifi- LEAVE OF ABSENCE 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. cations of designation of acting officer and By unanimous consent, leave of ab- 251; (110 Stat. 868); to the Committee on En- discontinuation of service in acting role, sence was granted to: ergy and Commerce. pursuant to 5 U.S.C. 3349(a); Public Law 105- 781. A letter from the Director, Office of Mr. MARINO (at the request of Mr. 277, 151(b); (112 Stat. 2681-614); to the Com- Congressional Affairs, Nuclear Regulatory MCCARTHY) for today and March 17 on mittee on Oversight and Government Re- Commission, transmitting the Commission’s form. account of inclement weather. final NUREG — Seismic and Dynamic Quali- 791. A letter from the Chief Human Re- Mr. PAYNE (at the request of Ms. fication of Mechanical and Electrical Equip- sources Office and Executive Vice President, PELOSI) for today and March 17 on ac- ment [SRP 3.10] received March 14, 2017, pur- United States Postal Service, transmitting count of medical condition. suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- the Service’s FY 2016 No FEAR Act report, f 121, Sec. 251; (110 Stat. 868); to the Committee pursuant to 5 U.S.C. 2301 note; Public Law on Energy and Commerce. 107-174, 203(a) (as amended by Public Law 109- ENROLLED JOINT RESOLUTION 782. A letter from the Director, Office of 435, Sec. 604(f)); (120 Stat. 3242); to the Com- SIGNED Congressional Affairs, Nuclear Regulatory mittee on Oversight and Government Re- Karen L. Haas, Clerk of the House, Commission, transmitting the Commission’s form. reported and found truly enrolled a final NUREG — Applicable Code Cases [SRP 792. A letter from the Acting Director, Of- 5.2.1.2] received March 14, 2017, pursuant to 5 fice of Sustainable Fisheries, NMFS, Na- Joint Resolution of the House of the U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. tional Oceanic and Atmospheric Administra- following title, which was thereupon 251; (110 Stat. 868); to the Committee on En- tion, transmitting the Administration’s tem- signed by the Speaker: ergy and Commerce. porary rule — Fisheries of the Exclusive Eco- H.J. Res. 42. Joint Resolution disapproving 783. A letter from the Director, Office of nomic Zone Off Alaska; Exchange of Flatfish the rule submitted by the Department of Congressional Affairs, Nuclear Regulatory in the Bering Sea and Aleutian Islands Man- Labor relating to drug testing of unemploy- Commission, transmitting the Commission’s agement Area [Docket No.: 150916863-6211-02] ment compensation applicants. final NUREG — Determination of Rupture (RIN: 0648-XE867) received March 13, 2017,

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K16MR7.113 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 16, 2017 CONGRESSIONAL RECORD — HOUSE H2147 pursuant to 5 U.S.C. 801(a)(1)(A); Public Law and protection provided at Joe Foss Field entry, appropriation, or disposal under the 104-121, Sec. 251; (110 Stat. 868); to the Com- Sioux Falls Regional Airport (FSD) will be public land laws, and for other purposes; to mittee on Natural Resources. equal to or greater than the level that would the Committee on Natural Resources. 793. A letter from the Deputy Assistant Ad- be provided at the airport by TSA Transpor- By Mr. ROYCE of California (for him- ministrator for Regulatory Programs, tation Security Officers, pursuant to 49 self and Mr. BLUMENAUER): NMFS, Office for International Affairs and U.S.C. 44920(d)(1); Public Law 107-71, Sec. H.R. 1558. A bill to amend the National Seafood Inspection, National Oceanic and 108(a); (115 Stat. 613); to the Committee on Flood Insurance Act of 1968 to ensure com- Atmospheric Administration, transmitting Homeland Security. munity accountability for areas repetitively the Administration’s final rule — Inter- 801. A letter from the Acting Secretary of damaged by floods, and for other purposes; to national Affairs; High Seas Fishing Compli- the Army, Department of Defense, transmit- the Committee on Financial Services. ance Act; Permitting and Monitoring of U.S. ting a copy of the memorandum entitled By Mr. SENSENBRENNER (for him- High Seas Fishing Vessels [Docket No.: ‘‘Construction of the Dakota Access Pipe- self, Mr. YOUNG of Alaska, Ms. PIN- 070516126-5907-04] (RIN: 0648-AV12) received line’’; jointly to the Committees on Trans- GREE, and Mr. GARAMENDI): March 14, 2017, pursuant to 5 U.S.C. portation and Infrastructure, Natural Re- H.R. 1559. A bill to amend the State De- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 sources, and Energy and Commerce. partment Basic Authorities Act of 1956 to es- Stat. 868); to the Committee on Natural Re- tablish a United States Ambassador at Large sources. f for Arctic Affairs, and for other purposes; to 794. A letter from the Deputy Assistant Ad- REPORTS OF COMMITTEES ON the Committee on Foreign Affairs. By Mr. GOSAR (for himself, Mr. BEYER, ministrator for Regulatory Programs, PUBLIC BILLS AND RESOLUTIONS NMFS, Office for International Affairs and Mrs. COMSTOCK, Mr. SUOZZI, Ms. Seafood Inspection, National Oceanic and Under clause 2 of rule XIII, reports of MCSALLY, and Mr. SCHNEIDER): Atmospheric Administration, transmitting committees were delivered to the Clerk H.R. 1560. A bill to amend the Family and the Administration’s final rule — Magnuson- for printing and reference to the proper Medical Leave Act of 1993 to provide leave Stevens Fishery Conservation and Manage- calendar, as follows: because of the death of a son or daughter; to ment Act; Seafood Import Monitoring Pro- the Committee on Education and the Work- gram [Docket No.: 150507434-6638-02] (RIN: Mr. MCCAUL: Committee on Homeland Se- force, and in addition to the Committees on 0648-BF09) received March 14, 2017, pursuant curity. H.R. 1302. A bill to require an exer- Oversight and Government Reform, and to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, cise related to terrorist and foreign fighter House Administration, for a period to be sub- Sec. 251; (110 Stat. 868); to the Committee on travel, and for other purposes (Rept. 115–40). sequently determined by the Speaker, in Natural Resources. Referred to the Committee of the Whole each case for consideration of such provi- 795. A letter from the Deputy Assistant Ad- House on the state of the Union. sions as fall within the jurisdiction of the ministrator For Regulatory Programs, Office Mr. MCCAUL: Committee on Homeland Se- committee concerned. of Protected Resources, National Oceanic curity. H.R. 1297. A bill to amend the Home- By Ms. VELA´ ZQUEZ (for herself, Mr. and Atmospheric Administration, transmit- land Security Act of 2002 to make technical BLUMENAUER, Mr. RASKIN, Mr. SOTO, ting the Administration’s final rule — En- corrections to the requirement that the Sec- Ms. MCCOLLUM, and Mr. COHEN): dangered and Threatened Species; Removal retary of Homeland Security submit quad- H.R. 1561. A bill to prohibit any hiring of the Puget Sound/Georgia Basin Distinct rennial homeland security reviews, and for freeze from affecting the National Institutes Population Segment of Canary Rockfish other purposes (Rept. 115–41). Referred to the of Health and the Centers for Disease Con- From the Federal List of Threatened and En- Committee of the Whole House on the state trol; to the Committee on Oversight and dangered Species and Removal of Designated of the Union. Government Reform. Critical Habitat, and Update and Amend- Mr. MCCAUL: Committee on Homeland Se- By Mr. POCAN (for himself, Mr. ELLI- ment to the Listing Descriptions for the curity. H.R. 1238. A bill to amend the Home- SON, and Mr. JOHNSON of Georgia): Yelloweye Rockfish DPS and Bocaccio DPS land Security Act of 2002 to make the Assist- H.R. 1562. A bill to amend the Help Amer- [Docket No.: 160524463-7001-02] (RIN: 0648- ant Secretary of Homeland Security for ica Vote Act of 2002 to improve the security XE657) received March 9, 2017, pursuant to 5 Health Affairs responsible for coordinating of the information technology used to ad- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. the efforts of the Department of Homeland minister voter registration procedures and 251; (110 Stat. 868); to the Committee on Nat- Security related to food, agriculture, and elections for Federal office, to promote the ural Resources. veterinary defense against terrorism, and for accuracy and integrity of the results of such 796. A letter from the Acting Assistant At- other purposes (Rept. 115–42, Pt. 1). Referred elections, and for other purposes; to the torney General, Department of Justice, to the Committee of the Whole House on the Committee on House Administration, and in transmitting the annual report entitled, state of the Union. addition to the Committee on Science, ‘‘PRO IP Act FY 2016’’, pursuant to 42 U.S.C. DISCHARGE OF COMMITTEE Space, and Technology, for a period to be subsequently determined by the Speaker, in 3713d(a); Public Law 110-403, Sec. 404(a); (122 Pursuant to clause 2 of rule XIII, the Com- each case for consideration of such provi- Stat. 4274); to the Committee on the Judici- mittees on Energy and Commerce and Agri- sions as fall within the jurisdiction of the ary. culture discharged from further consider- committee concerned. 797. A letter from the Secretary, Bureau of ation. H.R. 1238 referred to the Committee of By Mr. KATKO (for himself, Mr. COL- Competition, Federal Trade Commission, the Whole House on the state of the Union. transmitting the Commission’s notice — Re- LINS of New York, Mr. DONOVAN, Mr. vised Jurisdictional Thresholds for Section f GARAMENDI, Mr. GRIJALVA, Mr. 7A of the Clayton Act, 15 U.S.C. Sec. 18a, re- JEFFRIES, Mr. KING of New York, Mr. ceived March 9, 2017, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS LIPINSKI, Ms. MCCOLLUM, Mr. WALZ, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Under clause 2 of rule XII, public Ms. VELA´ ZQUEZ, Mr. ZELDIN, Mr. CON- Stat. 868); to the Committee on the Judici- bills and resolutions of the following NOLLY, Ms. NORTON, Mrs. COMSTOCK, ary. titles were introduced and severally re- Mr. UPTON, Mr. DENT, Mr. REED, Mr. 798. A letter from the Assistant General POCAN, Ms. STEFANIK, Mr. SMITH of ferred, as follows: Counsel for Regulatory Affairs, Pension Ben- New Jersey, Mr. SOTO, and Mr. KIL- efit Guaranty Corporation, transmitting the By Mr. JOHNSON of Georgia (for him- MER): Corporation’s final rule — Adjustment of self, Mr. SCOTT of Virginia, Ms. H.R. 1563. A bill to amend the Public Civil Penalties (RIN: 1212-AB33) received SPEIER, Ms. NORTON, Mr. RUSH, Mr. Health Service Act to provide for the estab- March 9, 2017, pursuant to 5 U.S.C. SERRANO, Mr. HASTINGS, Mr. EVANS, lishment of a mesothelioma patient registry, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Ms. MOORE, Ms. SLAUGHTER, Mr. GRI- and for other purposes; to the Committee on Stat. 868); to the Committee on the Judici- JALVA, Mr. RASKIN, Mr. BLUMENAUER, Energy and Commerce. ary. Mr. COHEN, Mr. NADLER, Ms. By Mr. BERGMAN: 799. A letter from the Attorney-Advisor, JAYAPAL, Mr. TAKANO, Ms. H.R. 1564. A bill to amend section 504 of the U.S. Coast Guard, Department of Homeland VELA´ ZQUEZ, Mr. AMASH, Mr. MCCLIN- Veterans’ Benefits Improvements Act of 1996 Security, transmitting the Department’s TOCK, and Ms. CLARK of Massachu- to specify the funding source for travel re- temporary final rule — Safety Zone; Oper- setts): lated to examinations by physicians not em- ational Equipment Test; Bellingham Bay; H.R. 1556. A bill to amend title 10, United ployed by the Department of Veterans Af- Bellingham, WA [Docket No.: USCG-2016- States Code, to direct the Secretary of De- fairs regarding medical disabilities of appli- 0084] (RIN: 1625-AA00) received March 9, 2017, fense to make certain limitations on the cants for benefits under title 38, United pursuant to 5 U.S.C. 801(a)(1)(A); Public Law transfer of personal property to Federal and States Code, to codify section 504 of the Vet- 104-121, Sec. 251; (110 Stat. 868); to the Com- State agencies, and for other purposes; to erans’ Benefits Improvements Act of 1996, mittee on Transportation and Infrastruc- the Committee on Armed Services. and for other purposes; to the Committee on ture. By Mr. KNIGHT (for himself, Ms. JUDY Veterans’ Affairs. 800. A letter from the Acting Adminis- CHU of California, Mr. SCHIFF, and By Mr. BARR (for himself, Mr. trator, TSA, Department of Homeland Secu- Mr. SHERMAN): CUELLAR, Mr. ROE of Tennessee, Mr. rity, transmitting the Administration’s cer- H.R. 1557. A bill to withdraw certain lands PALAZZO, Mr. PITTENGER, Mr. ALLEN, tification that the level of screening services in Los Angeles County, California, from Mr. ROUZER, Mr. MOOLENAAR, Mr.

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SMITH of Texas, Mr. DUNN, Mr. AUS- By Mr. BEN RAY LUJA´ N of New Mex- By Mr. RUSSELL (for himself, Mr. TIN SCOTT of Georgia, Mr. STEWART, ico: JONES, Mr. FLEISCHMANN, Mr. WALZ, and Mr. CARTER of Georgia): H.R. 1574. A bill to amend the Communica- Mr. COLE, Mr. KILMER, Mr. KNIGHT, H.R. 1565. A bill to provide for the creation tions Act of 1934 to clarify that the Federal Mrs. HARTZLER, Mr. FRANKS of Ari- of a safe harbor for defendants in medical Communications Commission may not take zona, Mr. KELLY of Mississippi, Mr. malpractice actions who demonstrate adher- action against a broadcast licensee or any MARSHALL, and Mr. COLLINS of New ence to clinical practice guidelines; to the other person on the basis of viewpoint, to York): Committee on Energy and Commerce, and in clarify that the President may not direct an H.R. 1582. A bill to require the Secretary of addition to the Committee on the Judiciary, agency to take such an action, and for other Treasury to mint coins in commemoration of for a period to be subsequently determined purposes; to the Committee on Energy and the 100 year anniversary of the 1st Infantry by the Speaker, in each case for consider- Commerce. Division; to the Committee on Financial ation of such provisions as fall within the ju- By Mr. MACARTHUR: Services. risdiction of the committee concerned. H.R. 1575. A bill to amend the Internal Rev- By Ms. SA´ NCHEZ (for herself, Mr. HIG- By Mr. BEYER (for himself, Mrs. DIN- enue Code of 1986 to expand the family mem- GINS of New York, Ms. KAPTUR, Ms. GELL, Mr. CICILLINE, Mr. JOHNSON of bers with respect to whom treatment for al- MOORE, Ms. LEE, Mr. CONYERS, Mr. Georgia, Mr. TONKO, Mr. KIND, Mr. cohol and drug addiction is treated as a POCAN, Ms. NORTON, Mr. COHEN, Ms. TED LIEU of California, Mr. qualified medical expense for purposes of SCHAKOWSKY, Ms. SHEA-PORTER, Mrs. CA´ RDENAS, Mr. BUTTERFIELD, Ms. health reimbursement arrangements, health NAPOLITANO, Mrs. DINGELL, Mr. SCHAKOWSKY, Mr. KEATING, Ms. NOR- flexible spending arrangements, and health SCOTT of Virginia, Mr. KHANNA, Mrs. TON, and Mr. JEFFRIES): savings accounts; to the Committee on Ways BEATTY, and Mr. CA´ RDENAS): H.R. 1566. A bill to provide incentives for and Means. H.R. 1583. A bill to amend title II of the So- hate crime reporting, grants for State-run By Ms. MATSUI: cial Security Act to improve social security hate crime hotlines, a Federal private right H.R. 1576. A bill to direct the Secretary of benefits for widows and widowers in two-in- of action for victims of hate crimes, and ad- Commerce to establish a job-training grant come households; to the Committee on Ways ditional penalties for individuals convicted program for workers displaced by automa- and Means. under the Matthew Shephard and James tion and to establish an Innovation Corps to By Mr. SCHIFF (for himself, Mr. Byrd, Jr. Hate Crimes Prevention Act; to the enable recent college graduates to volunteer BEYER, Mr. CICILLINE, Ms. CLARK of Committee on the Judiciary. in job-training programs for workers dis- Massachusetts, Mr. CONNOLLY, Ms. By Mr. CUELLAR: placed by automation, and for other pur- DELAURO, Ms. DELBENE, Mr. HECK, H.R. 1567. A bill to promote economic part- poses; to the Committee on Education and Mr. HUFFMAN, Mr. KILMER, Mr. LAR- nership and cooperation between the United the Workforce. SEN of Washington, Ms. LEE, Ms. States and Mexico; to the Committee on For- By Ms. MCSALLY (for herself, Mr. MOORE, Mr. POLIS, Mr. SMITH of eign Affairs. GOSAR, and Mr. FRANKS of Arizona): Washington, and Ms. SPEIER): By Mr. DUNCAN of Tennessee (for him- H.R. 1577. A bill to require the Secretary of H.R. 1584. A bill to amend the Marine self, Mr. RODNEY DAVIS of Illinois, the Interior submit a report to Congress Mammal Protection Act of 1972 to prohibit Mr. ROUZER, and Mr. PAULSEN): evaluating the Capital Investment Strategy the taking, importation, and exportation of H.R. 1568. A bill to enhance interstate com- and its results, and for other purposes; to the Orcas and Orca products for public display, merce by creating a national hiring standard Committee on Natural Resources. and for other purposes; to the Committee on for motor carriers, and for other purposes; to By Mr. PAYNE (for himself, Mr. DENT, Natural Resources, and in addition to the the Committee on Transportation and Infra- Mrs. BEATTY, Ms. NORTON, Ms. Committee on Agriculture, for a period to be structure. MOORE, Mr. COHEN, Mr. GARAMENDI, subsequently determined by the Speaker, in By Mr. FOSTER: each case for consideration of such provi- H.R. 1569. A bill to prioritize funding for an Ms. MCCOLLUM, Mr. LEWIS of Georgia, sions as fall within the jurisdiction of the expanded and sustained national investment Mr. DESAULNIER, Ms. KELLY of Illi- committee concerned. in basic science research; to the Committee nois, Ms. PLASKETT, Ms. JACKSON on the Budget, and in addition to the Com- LEE, Mr. LOBIONDO, and Mr. PERRY): By Mr. SCHWEIKERT (for himself, Ms. H.R. 1578. A bill to amend title XVIII of the mittees on Science, Space, and Technology, SINEMA, Mr. ROYCE of California, Mr. Social Security Act to provide coverage and Armed Services, for a period to be subse- HILL, Mrs. CAROLYN B. MALONEY of quently determined by the Speaker, in each under the Medicare program for FDA-ap- New York, Mr. YOHO, Mr. LAMALFA, case for consideration of such provisions as proved qualifying colorectal cancer screen- Mr. HULTGREN, Mr. GOTTHEIMER, Mr. fall within the jurisdiction of the committee ing blood-based tests, and for other purposes; DAVIDSON, and Mr. POLIS): H.R. 1585. A bill to amend the Securities concerned. to the Committee on Energy and Commerce, Act of 1933 to codify certain qualifications of By Mr. HASTINGS (for himself, Mr. and in addition to the Committee on Ways and Means, for a period to be subsequently individuals as accredited investors for pur- RICHMOND, Ms. EDDIE BERNICE JOHN- determined by the Speaker, in each case for poses of the securities laws; to the Com- SON of Texas, Mr. BUTTERFIELD, Ms. consideration of such provisions as fall with- mittee on Financial Services. NORTON, Mr. COHEN, Ms. LEE, Ms. in the jurisdiction of the committee con- By Mr. SERRANO: JACKSON LEE, Mr. MCGOVERN, Ms. cerned. H.R. 1586. A bill to amend the Federal PLASKETT, Ms. BASS, Mr. BROWN of By Mr. PETERS (for himself, Mr. PAL- Food, Drug, and Cosmetic Act to ensure that Maryland, Mr. LEWIS of Georgia, Mr. LONE, and Mr. TONKO): liquid over-the-counter medications are SERRANO, and Mr. RUSH): packaged with appropriate dosage delivery H.R. 1570. A bill to provide for the estab- H.R. 1579. A bill to require drinking water lishment of a global affairs strategy and as- systems to assess and address their devices and, in the case of such medications sistance for people of African descent, and vulnerabilities to climate change, source labeled for pediatric use, appropriate flow for other purposes; to the Committee on For- water degradation, and intentional acts to restrictors, and for other purposes; to the eign Affairs. ensure security and resiliency; to the Com- Committee on Energy and Commerce. By Ms. HERRERA BEUTLER (for her- mittee on Energy and Commerce. By Ms. SLAUGHTER (for herself, Ms. DELAURO, Mr. CICILLINE, Mr. CON- self and Mr. HIGGINS of New York): By Mr. QUIGLEY (for himself, Mr. H.R. 1571. A bill to provide first responders UPTON, Ms. SLAUGHTER, Ms. KAPTUR, NOLLY, Mr. DEFAZIO, Mr. DEUTCH, Mr. with planning, training, and equipment capa- Mr. JOYCE of Ohio, Mr. HUIZENGA, Mr. LANGEVIN, Mr. TED LIEU of Cali- bilities for crude oil-by-rail and ethanol-by- KILDEE, Mr. LANGEVIN, Mrs. DINGELL, fornia, Mr. LOWENTHAL, Ms. MCCOL- rail derailment and incident response, and Mr. LEVIN, and Mr. HIGGINS of New LUM, Mr. MOULTON, Mrs. NAPOLITANO, for other purposes; to the Committee on York): Ms. NORTON, Ms. SPEIER, Ms. TSON- Science, Space, and Technology. H.R. 1580. A bill to authorize the Director GAS, Mr. YARMUTH, Mr. JEFFRIES, and By Mr. HUDSON (for himself and Mr. of the United States Geological Survey to Ms. SHEA-PORTER): MULLIN): conduct monitoring, assessment, science, H.R. 1587. A bill to amend the Federal H.R. 1572. A bill to amend the Public Util- and research, in support of the binational Food, Drug, and Cosmetic Act to preserve ity Regulatory Policies Act of 1978 to provide fisheries within the Great Lakes Basin, and the effectiveness of medically important for the consideration by State regulatory au- for other purposes; to the Committee on Nat- antimicrobials used in the treatment of thorities and nonregulated electric utilities ural Resources. human and animal diseases; to the Com- of whether subsidies should be provided for By Mr. RUIZ: mittee on Energy and Commerce. the deployment, construction, maintenance, H.R. 1581. A bill to amend the Communica- By Ms. SPEIER (for herself, Mr. BISHOP or operation of a customer-side technology; tions Act of 1934 to add access to tele- of Georgia, Mr. BRADY of Pennsyl- to the Committee on Energy and Commerce. communications and information services in vania, Mrs. DAVIS of California, Ms. By Mr. HUIZENGA: Indian country and areas with high popu- GABBARD, Mr. HIMES, Ms. KUSTER of H.R. 1573. A bill to oppose International lations of Indian people to the universal New Hampshire, Ms. NORTON, Ms. Monetary Fund participation in foreign-led service principle relating to access to such ROSEN, Ms. SHEA-PORTER, Mr. WALZ, agreements, reduce moral hazard, and for services in rural, insular, and high cost Mr. COSTELLO of Pennsylvania, Mr. other purposes; to the Committee on Finan- areas; to the Committee on Energy and Com- O’HALLERAN, and Ms. FRANKEL of cial Services. merce. Florida):

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H.R. 1588. A bill to amend the Uniform TON, Mr. TED LIEU of California, Mr. By Ms. VELA´ ZQUEZ: Code of Military Justice to prohibit the non- SESSIONS, and Mr. SMITH of Wash- H.R. 1561. consensual distribution of private sexual im- ington): Congress has the power to enact this legis- ages; to the Committee on Armed Services. H. Res. 204. A resolution declaring support lation pursuant to the following: By Mr. THOMPSON of California (for for Brain Awareness Week; to the Committee Article I, Section 8, Clause 1 himself and Ms. ESHOO): on Energy and Commerce. The Congress shall have Power to . . . pro- H.R. 1589. A bill to amend the Internal Rev- By Mrs. DAVIS of California: vide for the . . . general Welfare of the enue Code of 1986 to adjust the phaseout of H. Res. 205. A resolution expressing the United States; . . . the health insurance tax credit for geo- sense of the House of Representatives with Article I, Section 8, Clause 3 graphic variations in the cost-of-living; to respect to ensuring that women’s health care The Congress shall have Power . . . To reg- the Committee on Ways and Means. under current law is preserved; to the Com- ulate Commerce with foreign Nations, and By Mrs. TORRES (for herself, Ms. NOR- mittee on Energy and Commerce. among the several States, and with the In- TON, Mr. SOTO, Mr. SWALWELL of Cali- dian Tribes. f fornia, and Mr. CARSON of Indiana): By Mr. POCAN: H.R. 1590. A bill to require the Small Busi- MEMORIALS H.R. 1562. ness Administration to make information re- Congress has the power to enact this legis- lating to lenders making covered loans pub- Under clause 3 of rule XII, memorials lation pursuant to the following: licly available, and for other purposes; to the were presented and referred as follows: Article I, Section 8, Clause 18 of the Con- Committee on Small Business. 6. The SPEAKER presented a memorial of stitution of the United States, which states: By Mr. WELCH: the General Assembly of the State of Colo- The Congress shall have the power to make H.R. 1591. A bill to direct the Federal Com- rado, relative to House Resolution 17-1005, all laws which shall be necessary and proper munications Commission to adopt rules and stating the Colorado continues to be a state for carrying into execution the foregoing conduct outreach to offer recipients of as- where all individuals’ health remains a top powers, and all other powers vested by this sistance under the Lifeline Assistance Pro- priority, and Coloradans resist attempts to Constitution in the Government of the gram mobile devices that are capable of re- undermine the right to access reproductive United States, or in any Department or Offi- ceiving a WiFi signal and are capable of health care; to the Committee on Energy and cer thereof.’’ tethering with other WiFi compatible hard- Commerce. By Mr. KATKO: ware or devices, and for other purposes; to 7. Also, a memorial of the House of Rep- H.R. 1563. the Committee on Energy and Commerce. resentatives of the State of Michigan, rel- Congress has the power to enact this legis- By Mr. YOHO: ative to House Resolution No.: 21, to encour- lation pursuant to the following: H.R. 1592. A bill to remove penalties for age the President and Congress of the United Article 1, Section 8 of the United States health insurers under the Patient Protection States, the Michigan Department of Natural Constitution. and Affordable Care Act and Health Care and Resources, the United States Army Corps of By Mr. BERGMAN: Education Reconciliation Act of 2010; to the Engineers, the United States Fish and Wild- H.R. 1564. Committee on Energy and Commerce. life Service, and other Agencies to continue Congress has the power to enact this legis- By Ms. SHEA-PORTER (for herself, Mr. efforts to prevent the introduction of new lation pursuant to the following: BEYER, Mr. GARAMENDI, Mr. HAS- aquatic species into the Great Lakes from Article 1, section 8 of the U.S. Constitution TINGS, Mr. RASKIN, Mr. WELCH, and the Chicago area waterway system and to By Mr. BARR: Mr. SOTO): consider new research and technologies; H.R. 1565. H.J. Res. 90. A joint resolution proposing jointly to the Committees on Natural Re- Congress has the power to enact this legis- an amendment to the Constitution of the sources and Transportation and Infrastruc- lation pursuant to the following: United States to clarify the authority of ture. Article I, Section 8, Clause 3. Congress and the States to regulate the ex- Article III, Section 1. penditure of funds for political activity by f Article III, Section 2, Clause 1. corporations; to the Committee on the Judi- CONSTITUTIONAL AUTHORITY By Mr. BEYER: ciary. STATEMENT H.R. 1566. By Mr. TAYLOR (for himself and Mr. Congress has the power to enact this legis- RUPPERSBERGER): Pursuant to clause 7 of rule XII of lation pursuant to the following: H. Res. 200. A resolution expressing the the Rules of the House of Representa- Article I, Section 8, Clause 1 of the US sense of the House of Representatives that tives, the following statements are sub- Constitution the United States should develop and adopt a mitted regarding the specific powers By Mr. CUELLAR: comprehensive cybersecurity policy; to the H.R. 1567. Committee on Foreign Affairs. granted to Congress in the Constitu- Congress has the power to enact this legis- By Ms. ROS-LEHTINEN (for herself, tion to enact the accompanying bill or lation pursuant to the following: Mr. DEUTCH, Mr. ROYCE of California, joint resolution. Article I, Section 8, Clause 18: The Con- Mr. ENGEL, Mr. DUNCAN of South By Mr. JOHNSON of Georgia: gress shall have power . . . to make all laws Carolina, and Mr. SIRES): H.R. 1556. which shall be necessary and proper for car- H. Res. 201. A resolution expressing support Congress has the power to enact this legis- rying into execution the foregoing powers, to the Government of Argentina for its in- lation pursuant to the following: and all other powers vested by this Constitu- vestigation into the terrorist bombing of the Article I, Section 8 (Clauses 1, 14, and 18), tion in the government of the United States, Embassy of Israel in Buenos Aires on March which grants Congress the power to provide or in any department or officer thereof. 17, 1992; to the Committee on Foreign Af- for the common Defense and general Welfare By Mr. DUNCAN of Tennessee: fairs. of the United States; to make rules for the H.R. 1568. By Mr. DELANEY (for himself, Mr. Government and Regulation of the land and Congress has the power to enact this legis- COFFMAN, Mrs. DAVIS of California, naval Forces; and to make all Laws which lation pursuant to the following: Mrs. WAGNER, Mr. COLE, Mr. shall be necessary and proper for carrying Article 1, Section 8, Clause 3 of the United MOULTON, Mrs. HARTZLER, Mr. RUP- into Execution the foregoing Powers. States Constitution. PERSBERGER, Mr. YOHO, Mr. CART- By Mr. KNIGHT: By Mr. FOSTER: WRIGHT, Mr. LAMALFA, Mr. CARSON of H.R. 1557. H.R. 1569. Indiana, Mr. LANCE, Ms. KAPTUR, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- MOOLENAAR, Mrs. TORRES, Mr. HAR- lation pursuant to the following: lation pursuant to the following: RIS, and Mr. PETERS): Article IV, Section 3 This bill is enacted pursuant to the power H. Res. 202. A resolution reaffirming the By Mr. ROYCE of California: granted to Congress under Article I, Section commitment of the United States to the H.R. 1558. 8, Clauses 1 and 18 of the United States Con- North Atlantic Treaty Organization (NATO); Congress has the power to enact this legis- stitution. to the Committee on Foreign Affairs. lation pursuant to the following: By Mr. HASTINGS: By Mr. QUIGLEY (for himself, Ms. Under Article I, Section 8, Clause 3 of the H.R. 1570. KAPTUR, Mr. NADLER, Mrs. NAPOLI- U.S. Constitution to regulate commerce. Congress has the power to enact this legis- TANO, Ms. SPEIER, Ms. MOORE, and By Mr. SENSENBRENNER: lation pursuant to the following: Mr. SWALWELL of California): H.R. 1559. Article I, Section 8 H. Res. 203. A resolution of inquiry request- Congress has the power to enact this legis- By Ms. HERRERA BEUTLER: ing the President, and directing the Attor- lation pursuant to the following: H.R. 1571. ney General, to transmit, respectively, cer- Article I, Section 8, Clause 18 Congress has the power to enact this legis- tain documents to the House of Representa- By Mr. GOSAR: lation pursuant to the following: tives relating to certain communications by H.R. 1560. Article I, Section 8 the President of the United States; to the Congress has the power to enact this legis- By Mr. HUDSON: Committee on the Judiciary. lation pursuant to the following: H.R. 1572. By Mr. BLUMENAUER (for himself, Article I, Section 8, Clause 3 of the United Congress has the power to enact this legis- Mrs. MCMORRIS RODGERS, Ms. NOR- States Constitution lation pursuant to the following:

VerDate Sep 11 2014 02:48 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\L16MR7.100 H16MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H2150 CONGRESSIONAL RECORD — HOUSE March 16, 2017 Article I, Section 8, Clause 3 of the United Article 1, Section 8, Clause 5: ‘‘To coin Article V authorizes Congress, whenever States Constitution Money, regulate the Value thereof, and of two-thirds of both houses ‘‘deem it nec- By Mr. HUIZENGA: foreign Coin, and fix the Standard of Weights essary,’’ to propose amendments to the Con- H.R. 1573. and Measures;’’ stitution. Congress has the power to enact this legis- By Ms. SA´ NCHEZ: lation pursuant to the following: H.R. 1583. f Article I, Section 9, that no money shall be Congress has the power to enact this legis- ADDITIONAL SPONSORS drawn from the Treasury but in consequence lation pursuant to the following: of Appropriations made by Law, and a reg- Article One, section 8, clause 18: Under clause 7 of rule XII, sponsors ular Statement and Account of the Receipts Congress shall have Power—To make all were added to public bills and resolu- and Expenditures of all public Money shall Laws which shall be necessary and proper for tions as follows: be made from time to time. carrying into Execution the foregoing Pow- H.R. 24: Mr. SANFORD. By Mr. BEN RAY LUJA´ N of New Mex- ers, and all other Powers vested by this Con- H.R. 36: Mr. HULTGREN and Mr. ico: stitution in the Government of the United FLEISCHMANN. H.R. 1574. States, or in any Department of Officer H.R. 44: Mr. BARTON, Mr. RICHMOND, and Congress has the power to enact this legis- thereof. Mr. CARTER of Georgia. lation pursuant to the following: By Mr. SCHIFF: H.R. 103: Mr. POCAN. Article I, Section 8 H.R. 1584. H.R. 179: Ms. SEWELL of Alabama, Mr. By Mr. MACARTHUR: Congress has the power to enact this legis- H.R. 1575. lation pursuant to the following: BUCSHON, Mr. POCAN, Mr. THOMPSON of Mis- Congress has the power to enact this legis- The Orca Responsibility Care and Advance- sissippi, Mr. JOHNSON of Georgia, Mr. SHU- lation pursuant to the following: ment Act is constitutionally authorized STER, and Mr. CARTWRIGHT. Section I, Article 8 of the United States under Article I, Section 8, Clause 3, ‘‘the H.R. 184: Mr. BERGMAN. Constitutions, which provides that: Commerce Clause’’ and Article I, Section 8, H.R. 233: Mr. MCEACHIN and Mr. PERL- The Congress shall have Power to lay and Clause 18, ‘‘the Necessary and Proper MUTTER. collect Taxes, Duties, Imposts and Excises, Clause.’’ Additionally, the Preamble to the H.R. 257: Mr. GAETZ. to pay the Debts and provide for the common Constitution provides support of the author- H.R. 275: Mr. YOHO. Defence and general welfare of the United ity to enact legislation to promote the Gen- H.R. 299: Mr. MARSHALL, Mr. SMITH of Mis- States. eral Welfare. souri, Mr. SABLAN, Mr. RODNEY DAVIS of Illi- By Ms. MATSUI: By Mr. SCHWEIKERT: nois, and Mr. TAYLOR. H.R. 1576. H.R. 1585. H.R. 350: Mrs. HARTZLER, Ms. TENNEY, and Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. ALLEN. lation pursuant to the following: lation pursuant to the following: H.R. 355: Mr. BISHOP of Michigan. Article I, Section 8, Clause 3 Article I, Section 8 H.R. 367: Mr. DUNCAN of Tennessee, Mr. By Ms. MCSALLY: By Mr. SERRANO: BISHOP of Michigan, and Mr. CUELLAR. H.R. 1577. H.R. 1586. H.R. 389: Mr. POCAN. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 400: Mr. DUNCAN of Tennessee. lation pursuant to the following: lation pursuant to the following: H.R. 449: Mr. MULLIN. Article I, Section 8, Clause 1: The Congress Article I, Section 8 of the United States H.R. 490: Mr. CHABOT. shall have Power To lay and collect Taxes, Constitution H.R. 496: Mr. FASO and Mr. PANETTA. Duties, Imposts and Excises, to pay the By Ms. SLAUGHTER: H.R. 520: Mr. JOHNSON of Ohio, Mr. SES- Debts and provide for the common Defence H.R. 1587. SIONS, and Mr. BISHOP of Michigan. and General Welfare of the United States; Congress has the power to enact this legis- H.R. 548: Mr. JENKINS of West Virginia, Mr. but all Duties, Imposts and Excises shall be lation pursuant to the following: BURGESS, Mr. BISHOP of Michigan, and Mr. uniform throughout the United States. Aritcle I Section 8 MURPHY of Pennsylvania. Article I, Section 8, Clause 18: To make all By Ms. SPEIER: H.R. 565: Mr. HARRIS. Laws which shall be necessary and proper for H.R. 1588. H.R. 639: Mr. UPTON. carrying into Execution the foregoing Pow- Congress has the power to enact this legis- H.R. 674: Mr. DUNN. ers, and all other Powers vested by this Con- lation pursuant to the following: H.R. 676: Ms. ESHOO, Mr. HIGGINS of New stitution in the Government of the United This bill is enacted pursuant to the power York, Ms. BONAMICI, and Mr. MEEKS. States, or in any Department or Officer granted to Congress under Article 1, Section H.R. 691: Mr. DESANTIS. thereof. 8 of the United States Constitution. H.R. 695: Mrs. MURPHY of Florida and Mr. Article IV, Section 3, Clause 2: The Con- By Mr. THOMPSON of California: PALAZZO. gress shall have Power to dispose of and H.R. 1589. H.R. 750: Mr. KELLY of Pennsylvania. Congress has the power to enact this legis- make all needful Rules and Regulations re- H.R. 769: Mr. GAETZ. lation pursuant to the following: specting the Territory or other Property be- H.R. 772: Mr. RUSSELL. Article 1 Sec 1 longing to the United States; and nothing in H.R. 788: Mr. BACON and Mr. EMMER. By Mrs. TORRES: this Constitution shall be so construed as to H.R. 795: Mr. PALLONE, Mr. DESAULNIER, H.R. 1590. Prejudice any Claims of the United States, and Mr. POE of Texas. Congress has the power to enact this legis- or of any particular State. H.R. 801: Mr. AGUILAR. By Mr. PAYNE: lation pursuant to the following: ´ Article 1: Section 8: Clause 18: To make all H.R. 804: Ms. BARRAGAN, Ms. ESTY, Mr. H.R. 1578. KRISHNAMOORTHI, and Mr. MCEACHIN. Congress has the power to enact this legis- Laws which shall be necessary and proper for H.R. 816: Mr. HUFFMAN. lation pursuant to the following: carrying into Execution the foregoing Pow- H.R. 817: Mr. RASKIN. Article I Section 8 Clause 3—Congress has ers, and all other Powers vested by this Con- H.R. 820: Mr. LUETKEMEYER, Mr. GALLEGO, the ability to regulate Commerce with for- stitution in the Government of the United Mr. CA´ RDENAS, Ms. TITUS, Ms. KELLY of Illi- eign Nations, and among the several States, States, or in any Department or Officer nois, Mr. SMITH of Washington, and Mr. KIL- and with the Indian Tribes. thereof. DEE. By Mr. PETERS: By Mr. WELCH: H.R. 823: Mr. MOULTON and Mr. RASKIN. H.R. 1579. H.R. 1591. H.R. 842: Mr. BRAT. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 849: Mr. MASSIE, Ms. ROSEN, Mr. COS- lation pursuant to the following: lation pursuant to the following: Article 1, Section 8 Article 1, Section 8, Clause 18: The Con- TELLO of Pennsylvania, and Mr. FORTEN- By Mr. QUIGLEY: gress shall have Power To . . . make all BERRY. H.R. 1580. Laws which shall be necessary and proper for H.R. 850: Mr. GROTHMAN. Congress has the power to enact this legis- carrying into Execution the foregoing Pow- H.R. 873: Mr. LOUDERMILK. lation pursuant to the following: ers, and all other Powers vested by this Con- H.R. 904: Mr. ENGEL. Article 1, Section 8, Clause 3 of the U.S. stitution in the Government of the United H.R. 918: Mr. KENNEDY. Constitution States, or in any Department or Officer H.R. 919: Mr. SWALWELL of California. By Mr. RUIZ: thereof.. H.R. 927: Mrs. BROOKS of Indiana, Ms. H.R. 1581. By Mr. YOHO: TITUS, Ms. SPEIER, and Mrs. BUSTOS. Congress has the power to enact this legis- H.R. 1592. H.R. 947: Mr. MICHAEL F. DOYLE of Pennsyl- lation pursuant to the following: Congress has the power to enact this legis- vania. clause 18 of section 8 of article I of the lation pursuant to the following: H.R. 967: Ms. JENKINS of Kansas and Mrs. Constitution Article I, Section 8, Clause 1. CAROLYN B. MALONEY of New York. By Mr. RUSSELL: By Ms. SHEA-PORTER: H.R. 976: Mr. CRIST. H.R. 1582. H.J. Res. 90. H.R. 1005: Ms. KAPTUR, Ms. HANABUSA, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- SERRANO, Ms. STEFANIK, and Ms. TENNEY. lation pursuant to the following: lation pursuant to the following: H.R. 1007: Mr. FARENTHOLD.

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H.R. 1017: Ms. ROS-LEHTINEN, Mr. JENKINS H.R. 1393: Mr. GROTHMAN. H. Res. 186: Mrs. CAROLYN B. MALONEY of of West Virginia, Mr. SWALWELL of Cali- H.R. 1407: Mr. JONES. New York, Ms. JUDY CHU of California, Ms. fornia, and Mr. SMITH of Washington. H.R. 1422: Mr. LOUDERMILK and Mr. SHEA-PORTER, Mr. GRIJALVA, Mr. MCGOVERN, H.R. 1046: Mr. WALBERG and Mr. BISHOP of PALAZZO. Mr. SIRES, Mr. BRADY of Pennsylvania, Ms. Michigan. H.R. 1439: Mr. TED LIEU of California. SCHAKOWSKY, Ms. LEE, Mr. RUPPERSBERGER, H.R. 1054: Mrs. CAROLYN B. MALONEY of H.R. 1440: Mr. TED LIEU of California. Mr. KHANNA, Mr. HIMES, Mr. BEYER, Mr. New York, Ms. SHEA-PORTER, Mr. HUFFMAN, H.R. 1444: Mr. GROTHMAN. ENGEL, Mr. PANETTA, Mr. HASTINGS, Mr. Ms. BROWNLEY of California, and Mr. MAST. H.R. 1452: Mr. TED LIEU of California. SHERMAN, Mr. SMITH of Washington, Ms. H.R. 1059: Mr. KELLY of Pennsylvania, Mr. H.R. 1458: Mr. TED LIEU of California. DEGETTE, Mr. CRIST, Ms. TSONGAS, Ms. ROSKAM, Mr. LEVIN, Mr. QUIGLEY, Ms. PIN- H.R. 1468: Mr. TAYLOR. MCCOLLUM, Mr. CICILLINE, Mr. HUFFMAN, Mr. GREE, Ms. LEE, Mrs. MURPHY of Florida, Mrs. H.R. 1494: Mrs. NAPOLITANO, Mr. SMITH of QUIGLEY, Mr. LANGEVIN, Mr. RUSH, and Mr. TORRES, and Mr. BERA. Washington, Mr. YARMUTH, Mr. ROTHFUS, Mr. LEVIN. GUTIE´ RREZ, Mr. SHERMAN, Mr. WELCH, Ms. H.R. 1090: Mr. MURPHY of Pennsylvania, H. Res. 188: Mr. LAMALFA. Mr. HUFFMAN, Mr. DUNCAN of South Caro- MATSUI, Mr. WALZ, Ms. HERRERA BEUTLER, lina, Mr. SCHNEIDER, Ms. DELBENE, Mr. Mr. YODER, Mrs. COMSTOCK, Mr. KELLY of f DENHAM, and Mr. BRADY of Pennsylvania. Pennsylvania, Mr. HUFFMAN, Mr. GARAMENDI, H.R. 1094: Mr. BRENDAN F. BOYLE of Penn- Ms. SCHAKOWSKY, Mr. BLUMENAUER, Ms. LEE, sylvania. Ms. TITUS, Mr. QUIGLEY, Ms. KAPTUR, Mr. PETITIONS, ETC. H.R. 1101: Mr. MCCAUL, Mr. BILIRAKIS, Mr. LIPINSKI, Ms. SINEMA, Mr. CALVERT, Mr. Under clause 3 of rule XII, petitions SMUCKER, Mr. BARLETTA, Mr. TROTT, and Mr. DAVID SCOTT of Georgia, Ms. ROYBAL- CRAMER. ALLARD, Mr. KILDEE, Ms. TSONGAS, Mr. ELLI- and papers were laid on the clerk’s H.R. 1102: Mr. DESAULNIER. SON, Mr. MOULTON, Ms. DELBENE, Mr. ENGEL, desk and referred as follows: H.R. 1114: Mr. HASTINGS. Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. 22. The SPEAKER presented a petition of H.R. 1116: Mr. POLIQUIN, Mr. LUCAS, and HECK, Mr. BUTTERFIELD, Mr. JONES, Mr. The Alleghany County, VA, Board of Super- Mr. SANFORD. SCHRADER, Mr. SCHIFF, Mr. DENHAM, and Mr. visors, relative to Resolution R-17-17, urging H.R. 1120: Mr. EVANS, Mrs. MURPHY of Flor- MICHAEL F. DOYLE of Pennsylvania. all United States Senators and all Members ida, and Ms. NORTON. H.R. 1513: Mrs. BLACK, Mr. CURBELO of of the House of Representatives to reintro- H.R. 1136: Mr. BRAT and Mr. SMITH of Ne- Florida, Mr. KELLY of Pennsylvania, Mr. duce and pass the Marketplace Fairness Act; braska. MEEHAN, Mr. PITTENGER, Mr. LAMALFA, Ms. to the Committee on the Judiciary. H.R. 1155: Mr. GALLAGHER. SINEMA, Mr. JOYCE of Ohio, Ms. SEWELL of 23. Also, a petition of the Council of the H.R. 1163: Mr. BOST. Alabama, Mr. POSEY, Mr. COSTELLO of Penn- Town of South Boston, VA, relative to a Res- H.R. 1164: Mr. KUSTOFF of Tennessee. sylvania, Mr. LATTA, Ms. JENKINS of Kansas, olution in support of the Marketplace Fair- ´ H.R. 1192: Mr. JODY B. HICE of Georgia. Ms. SANCHEZ, Mr. TIBERI, Mr. SMITH of Mis- ness Act; to the Committee on the Judiciary. H.R. 1196: Mr. POE of Texas. souri, Mr. MARCHANT, Mr. CHABOT, and Mr. 24. Also, a petition of the Nelson County, H.R. 1205: Mr. SCOTT of Virginia and Mr. GROTHMAN. VA, Board of Supervisors, relative to Resolu- DESAULNIER. H.R. 1549: Mr. VARGAS. tion R2017-07, urging the United States Con- H.R. 1212: Mr. BILIRAKIS and Mr. COFFMAN. H.J. Res. 31: Ms. BROWNLEY of California. gress to enact the Marketplace Fairness Act H.R. 1215: Mr. FLORES. H.J. Res. 51: Ms. ROSEN. or other such legislation; to the Committee H.R. 1219: Mr. SHERMAN. H.J. Res. 59: Mrs. HARTZLER. on the Judiciary. H.R. 1223: Mr. MULLIN and Mr. NORCROSS. H.J. Res. 85: Mr. MAST. 25. Also, a petition of the Student Body of H.R. 1235: Mr. LAHOOD, Ms. PLASKETT, Ms. H. Con. Res. 10: Mr. HOLDING. Eastern Michigan University, relative to a JENKINS of Kansas, Mr. MOOLENAAR, Mr. H. Con. Res. 20: Mr. KING of New York. Resolution in support for and to urge Con- RYAN of Ohio, Ms. WILSON of Florida, Mr. H. Res. 28: Mr. SARBANES, Mr. TED LIEU of gressional Representatives to pass the MCKINLEY, Mr. HIMES, Mr. WELCH, Mr. SCOTT California, Mr. AMODEI, Mr. CURBELO of Flor- Bridge Act that is before the 115th Congress; of Virginia, Mr. ROGERS of Kentucky, Mr. ida, Mr. PRICE of North Carolina, Mr. NOR- to the Committee on the Judiciary. AMODEI, and Mr. LEWIS of Georgia. CROSS, and Mr. GALLEGO. H.R. 1242: Mr. PETERS. H. Res. 31: Ms. FUDGE, Mr. AMODEI, and Mr. 26. Also, a petition of the City Council of H.R. 1253: Mr. SWALWELL of California. VEASEY. Carencro, LA, relative to Resolution 2017-006, H.R. 1295: Mr. POE of Texas. H. Res. 132: Mr. GARAMENDI. urging Congress to pass destination rate- H.R. 1304: Mr. FLORES. H. Res. 135: Mr. COSTELLO of Pennsylvania. based legislation that would give states the H.R. 1307: Ms. SHEA-PORTER. H. Res. 136: Mr. LEVIN. option to collect from remote online retail- H.R. 1310: Mr. LEWIS of Georgia, Mr. VELA, H. Res. 162: Mr. LEVIN. ers the same tax that local brick-and-mortar and Mr. CLEAVER. H. Res. 172: Ms. SLAUGHTER, Mr. GRIJALVA, merchants currently collect; to the Com- H.R. 1316: Mr. LANGEVIN. Mr. FORTENBERRY, Mr. ENGEL, Mr. SCHNEI- mittee on the Judiciary. H.R. 1317: Ms. STEFANIK. DER, and Mr. KENNEDY. 27. Also, a petition of Pascua Yaqui Tribe, H.R. 1318: Ms. MOORE and Mr. DOGGETT. H. Res. 184: Mr. SARBANES, Mr. FOSTER, Mr. Arizona, relative to Resolution No. C02-35-17, H.R. 1339: Mr. BROOKS of Alabama. MEEKS, Mr. KEATING, Ms. JAYAPAL, Mr. supporting the Indian Health Care Improve- H.R. 1356: Mr. HECK. SWALWELL of California, Mr. QUIGLEY, Mr. ment Act and Indian-related provisions of H.R. 1358: Mr. EVANS, Ms. FUDGE, and Mr. CONNOLLY, Mr. THOMPSON of Mississippi, Mr. the Affordable Care Act; jointly to the Com- SIRES. MOULTON, and Mr. DANNY K. DAVIS of Illi- mittees on Natural Resources, Energy and H.R. 1361: Mr. JONES and Mr. NUNES. nois. Commerce, Ways and Means, and the Budget.

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Vol. 163 WASHINGTON, THURSDAY, MARCH 16, 2017 No. 46 Senate The Senate met at 11:30 and 1 seconds U.S. SENATE, ADJOURNMENT UNTIL MONDAY, a.m., and was called to order by the PRESIDENT PRO TEMPORE, MARCH 20, 2017, AT 10 A.M. Honorable JAMES LANKFORD, a Senator Washington, DC, March 16, 2017. from the State of Oklahoma. To the Senate: The ACTING PRESIDENT pro tem- f Under the provisions of rule I, paragraph 3, pore. Under the previous order, the of the Standing Rules of the Senate, I hereby Senate stands adjourned until 10 a.m., APPOINTMENT OF ACTING AMES ANKFORD appoint the Honorable J L , a on Monday, March 20, 2017. PRESIDENT PRO TEMPORE Senator from the State of Oklahoma, to per- The PRESIDING OFFICER. The form the duties of the Chair. Thereupon, the Senate, at 11:30 and 32 ORRIN G. HATCH, seconds a.m., adjourned until Monday, clerk will please read a communication President pro tempore. to the Senate from the President pro March 20, 2017, at 10 a.m. tempore (Mr. HATCH). Mr. LANKFORD thereupon assumed The legislative clerk read the fol- the Chair as Acting President pro tem- lowing letter: pore.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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IN RECOGNITION OF CARL SWOPE, where the grips of winter are just beginning to tion to Anika & Priam Zela on the occasion of 2017 TIME DEALER OF THE YEAR lose their hold as a new season of life begins their 1st Birthday, with sincere congratulations too; whereas March was the beginning of a and best wishes for a long, happy and suc- HON. BRETT GUTHRIE New Year and is still celebrated as such in cessful life, wishing them that, with courage, OF KENTUCKY many cultures and religions; whereas March knowledge, love and a spirit of discovery, marks the Vernal Equinox where northern and there would be no limit to the heights they can IN THE HOUSE OF REPRESENTATIVES southern hemispheres are equally illuminated reach, keeping their eyes on the stars, and Thursday, March 16, 2017 and day and night are of equal duration all their feet on the ground. Mr. GUTHRIE. Mr. Speaker, I rise today to over the earth symbolizing a twin approach; f honor a constituent of mine who was recently whereas March marks the International Day of awarded one of the highest honors in his in- Happiness exactly to the day their parents PERSONAL EXPLANATION dustry. Mr. Carl Swope, owner of Swope Toy- wedded and Equinox happens, as well as ota located in Elizabethtown, Kentucky, in my marks the World Mathematics Day; whereas HON. BRIAN HIGGINS Congressional District, was named the 2017 March’s birthstones are aquamarine and OF NEW YORK bloodstone that both symbolize courage; TIME Dealer of the Year. The TIME Dealer of IN THE HOUSE OF REPRESENTATIVES the Year award is one of the automobile in- whereas March is named after Mars, the god Thursday, March 16, 2017 dustry’s most prestigious and highly coveted of war, fertility and agriculture who oversaw honors. the new growth of Spring, and encouraged the Mr. HIGGINS of New York. Mr. Speaker, on After graduating from Indiana University, Mr. continuation of life; whereas the personality of March 15, 2017, I was unable to be present Swope began working at his father’s car deal- March (and Mars) is charging, unrelinquishing for the recorded votes on roll call no. 159, erships. In 1986, Mr. Swope purchased his and brutally assertive as, at this point in the 160, and 161. Had I been present, I would first dealership, a single store with 50 employ- year, there is no stopping the burgeoning birth have voted as follows: ees. Today, Mr. Swope oversees six dealer- of new life; whereas March (and Mars) is a YEA on H.R. 132, the Arbuckle Project ships representing nine brands in Elizabeth- high-speed locomotive on a single-focused Maintenance Complex and District Office Con- town and Radcliff, Kentucky, and employing monorail with only one objective: Explosive veyance Act of 2017, YEA on H.R. 648, a bill over 300 associates. Expression; whereas March meaning em- to authorize the Secretary of the Interior to Mr. Swope is an active participant in the bodies the reigniting of the hearts and con- amend the Definite Plan Report for the Elizabethtown community. He currently serves sciousness of humankind, a time when we feel Seedskadee Project to enable the use of the as a member of the Hardin County Chamber the initial kicks of Spring from the deepest active capacity of the Fontenelle Reservoir, of Commerce, the Knox Regional Develop- womb of the Mother Earth; and, like our an- and, NAY on the Motion to Table the Appeal ment Board, the Lincoln Heritage Council for cestors, we are quickened, our soul-palettes of the Ruling of the Chair. are whetted for new conquest and bold asser- the Boy Scouts of America, the Elizabethtown f Tourism Commission, the Elizabethtown Air- tion and we set a course for forward-momen- port Board, and the Hardin Memorial Health tum; and RECOGNIZING ENDOMETRIOSIS Whereas 2016 (MMXVI) was a leap year Foundation Board. He also established a local AWARENESS MONTH starting on Friday of the Gregorian calendar, affiliate for Habitat for Humanity and remains the 2016th year of the Common Era; and an active part of the organization. Whereas 2016 was a very eventful year, HON. BARRY LOUDERMILK On behalf of all the constituents of Ken- designated as the International Year of Global OF GEORGIA tucky’s 2nd Congressional District, I congratu- Understanding, where ESA and Roscosmos IN THE HOUSE OF REPRESENTATIVES late Mr. Carl Swope on being named the 2017 launched the joint ExoMars Trace Gas Orbiter Thursday, March 16, 2017 TIME Dealer of the Year. I wish him and the on a mission to Mars; where Gotthard Base Mr. LOUDERMILK. Mr. Speaker, March is Swope family all the best. Tunnel, the world’s longest and deepest rail- Endometriosis Awareness Month, where we f way tunnel, was opened; where NASA’s Juno recognize the impact this disease has on the spacecraft entered orbit around Jupiter and BIRTHDAY PROCLAMATION FOR quality of life for women throughout our coun- ANIKA AND PRIAM ZELA NASA launched OSIRIS–REx, its first asteroid sample return mission; where the final video- try. The lack of awareness about endo- cassette recorder was manufactured by the metriosis creates an environment that delays HON. DAVID SCHWEIKERT Japanese company Funai; where the Solar treatment and grows the cost of care. OF ARIZONA Impulse 2 became the first solar-powered air- This condition, in which the tissue that forms IN THE HOUSE OF REPRESENTATIVES craft to circumnavigate the Earth, and where the lining of the uterus is found in areas out- side the endometrium, causes severe pain in Thursday, March 16, 2017 Summer Olympics were held in Rio de Janei- ro, Brazil; and the body. Endometriosis occurs in about one Mr. SCHWEIKERT. Mr. Speaker, I include Whereas, March 16 is the 75th day of the in ten women of reproductive age, and is most in the RECORD the following proclamation: year (76th in leap years) in the Gregorian cal- often diagnosed in women in their 30s or 40s. Whereas, Anika and Priam Zela, twin sister endar and there are 290 days remaining until This disease can be treated with medication, and brother, will be honored by their parents, the end of the year; and surgery, or sometimes both. nona, family and friends on the occasion of Whereas, March 16 is the birthday of James Roughly five million women in the United their 1st Birthday on March 18th, 2017; and Madison, Jr., the Founding Father and fourth States suffer with endometriosis, costing an Whereas, Anika and Priam Zela were born President of the United States and who is estimated $119 billion annually. It can take in Phoenix, Arizona on March 16th, 2016, at hailed as the Father of our Constitution and more than nine years, from the onset of symp- 12:45 p.m. and 12:36 p.m., respectively, the Bill of Rights, as well as is the birthday of toms and visits to specialists, for women to re- blessing their parents and their family, and Georg Ohm, one the most famous physicists ceive a diagnosis of endometriosis; and have been residents of Scottsdale, Arizona and mathematicians; and women with endometriosis are 1.35 times since then; and Whereas, their parents, family and society more likely to need surgery or stenting to open Whereas, March has been a blessed month expect them to live long and productive lives blocked arteries. for Anika and Priam, as their parents first met and be a force for good, justice and progress The general lack of awareness about this on March 3rd, 2007, the wedding of their par- for those around them, the country and the disease can contribute to the unnecessary suf- ents was held on March 20th, 2011 and they world; and fering of patients and the rising public costs of came to this life on March 16th, 2016; where- Now, Therefore, it is hereby deemed a this disorder. We must help to bring aware- as March marks the beginning of Spring, pleasure to extend this Certificate of Recogni- ness of endometriosis in order to foster the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 03:53 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD17\MARCH\E16MR7.REC E16MR7 E334 CONGRESSIONAL RECORD — Extensions of Remarks March 16, 2017 health and well-being of women across Amer- RECOGNIZING THE 50TH ANNIVER- I ask my colleagues to join me today in hon- ica. SARY OF THE MISSOURI WHITE- oring the life and career of Nils Michael Deck- WATER CHAMPIONSHIPS er, a hero to his family, a wonderful role model f for educators and exemplary father, grand- father, great grandfather and friend. HONORING ROTARY DISTRICT 7150 HON. JASON SMITH f OF CENTRAL NEW YORK OF MISSOURI IN THE HOUSE OF REPRESENTATIVES INTRODUCING THE AFRICAN HON. JOHN KATKO Thursday, March 16, 2017 DESCENT AFFAIRS ACT OF NEW YORK Mr. SMITH of Missouri. Mr. Speaker, I rise today to honor the Missouri Whitewater Cham- IN THE HOUSE OF REPRESENTATIVES HON. ALCEE L. HASTINGS pionships celebrating their 50th year March 17 OF FLORIDA Thursday, March 16, 2017 through 19, 2017. The races are held at the IN THE HOUSE OF REPRESENTATIVES Mr. KATKO. Mr. Speaker, I rise today in Millstream Gardens Conservation Area of the Thursday, March 16, 2017 Saint Francis River near Fredericktown, Mis- honor of Rotary District 7150 of Central New Mr. HASTINGS. Mr. Speaker, I rise today to York as it hosts Rotary International President- souri. note my introduction of the African Descent The Championships continue a tradition Elect Ian Riseley of Australia. Affairs Act, as we continue to highlight the begun in 1968, when the first Saint Francis This weekend, Rotary International Presi- International Decade for People of African De- dent-Elect Riseley will address incoming club River Whitewater Slalom Race was held. scent. presidents at the Multi-District President-Elect Since then, the event has expanded its scope We have seen a sharp increase in racism, Training Seminar and People of Action Dinner and attracts beginners and seasoned competi- anti-Semitism, xenophobia, homophobia and in my district in Syracuse, New York. I am tors from other states and countries. Even other forms of discrimination across the world proud to see local members of Rotary District Olympic-class paddlers have used this race as over the last year. Human rights violations 7150 of Central New York honored during this, training preparation for future Olympic Games. emanating from racial prejudice and discrimi- the centennial of the Rotary International The event first begun by the Meramec River nation have negatively impacted people of Af- Foundation. Canoe Club is now hosted by the Missouri rican descent around the world, resulting in ra- Rotary International is home to more than Whitewater Association. It comes together as cial bias and disparities in education, employ- 35,000 clubs worldwide, including 43 clubs in 100 volunteers set up the race course, provide ment, health, housing, justice, and other sec- District 7150 of Central New York. The Ro- safety, judge, time, and score the participants tors. We must act now to reverse these dis- tary’s mission of ‘‘service above self’’ is exem- while hundreds of spectators cheer. turbing trends. The International Decade for plified in our local Rotary Clubs’ work assisting For providing sportsmen with the thrill of People of African Descent provides an oppor- veterans in need, recognizing the hard work competition on the Saint Francis River for half tunity to not only draw attention to these in- and success of high school students, restoring a century and enhancing tourism for Madison equities, but to also join efforts with countries our prized parks and waterways, and and surrounding counties through its annual around the globe to develop and implement partnering with local food pantries to reduce Whitewater Championships, I am happy to national strategies honoring the vast contribu- hunger throughout the 24th District. congratulate the Missouri Whitewater Associa- tions of people of African descent and to com- With over 1,200 Rotary members locally, tion today before the United States House of bat continuing issues of prejudice and dis- Central New York is a better place because of Representatives. crimination such as those currently gripping the work these individuals do for our commu- f our nation. nity. I applaud the members of Rotary District To aid these efforts, I have introduced the HONORING THE LIFE OF NILS African Descent Affairs Act. The Act seeks to 7150 of Central New York for their service, fel- MICHAEL DECKER lowship, and passion. improve the situation of people of African de- scent around the world by establishing within HON. JIM COSTA our State Department a Global Office of Afri- f OF CALIFORNIA can Descent Affairs to establish global foreign PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES policy and assistance strategies for people of Thursday, March 16, 2017 African descent; creating a ‘‘Fund’’ to support antidiscrimination and empowerment efforts by HON. BILL JOHNSON Mr. COSTA. Mr. Speaker, I rise today to African descent led civil society organizations; OF OHIO honor the life and career of Mr. Nils Michael and requiring Annual State Department IN THE HOUSE OF REPRESENTATIVES ‘‘Mike’’ Decker of Fresno. Mike Decker passed Human Rights Reports to include a section on Thursday, March 16, 2017 away on Tuesday, February 14, 2017 in Fres- discrimination faced by people of African de- no, California. scent. I believe that U.S. foreign policy strate- Mr. JOHNSON of Ohio. Mr. Speaker, I was Mike was a wonderful, kind man and a dedi- gies such as these have improved the situa- unavoidably detained. Had I been present, I cated educator. Mike was born in Mt. tion of vulnerable groups internationally and would have voted NAY on Roll Call No. 155. Clemens, Michigan. His career in education would greatly assist in responding to increas- began at St Alphonso’s School in Fresno, ing levels of prejudice and discrimination faced f California followed by Orange Center School by people of African descent around the PERSONAL EXPLANATION in Fresno. globe. Mike then served 25 years as Principal and The State Department has already launched Superintendent at Laton Unified School District many successful initiatives that have aided HON. MICHAEL T. McCAUL in Fresno County. In addition, Mike also vulnerable populations, such as the Office of OF TEXAS served on my State Assembly Staff as District Global Women’s Issues, the Special Envoy to IN THE HOUSE OF REPRESENTATIVES Director. Monitor and Combat Anti-Semitism, the Spe- In addition to his friends and family, Mike Thursday, March 16, 2017 cial Advisor for International Disability Rights, was adored by his students. Mike positively in- the Special Representative to Muslim Commu- Mr. MCCAUL. Mr. Speaker, on March 15, fluenced the lives of thousands of children nities, and the LGBT Global Equality Fund. 2017, I missed the voting session. If present, with this commitment to education and he Implementing a Global Office of African De- I would have voted as follows: helped many young people reach for the stars. scent Affairs will continue this tradition and fa- YES—H.R. 132—Arbuckle Project Mainte- Nils Michael Decker is survived by his wife cilitate the full and equal participation of peo- nance Complex and District Office Convey- of 52 years, Diana Decker, his son, Timothy J. ple of African descent in society, promote ance Act of 2017 Decker, his son, Scott A. Decker and his wife, knowledge of and respect for the diverse herit- YES—H.R. 648—To authorize the Secretary Maria and his daughter, Katherine Decker. He age, culture and contributions of people of Af- of the Interior to amend the Definite Plan Re- is also survived by his grandchildren, Michael rican descent, and strengthen and implement port for the Seedskadee Project to enable the Hill, Jadyn Garrett, Nicholas Decker and his legal frameworks that combat racial discrimi- use of the active capacity of the Fontenelle great granddaughter, Neelia Grace Hill. nation. Reservoir Mike’s sister, Margo Bellman and his broth- Mr. Speaker, I sincerely hope that my col- YES—Motion to Table the Appeal of the er Gordon Decker both of Michigan also sur- leagues will embrace the challenge of com- Ruling of the Chair vive him. bating prejudice and discrimination across the

VerDate Sep 11 2014 01:32 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K16MR8.004 E16MRPT1 lotter on DSK5VPTVN1PROD with REMARKS March 16, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E335 world. I encourage them to join me in recog- HONORING THE SERVICE OF world—greater than heart disease and cancer nizing the collective history and achievements CHARLES HUNNICUTT put together. As society ages, this number will made by people of African descent by sup- increase exponentially as will the cost to the porting the African Descent Affairs Act. HON. JIM COSTA healthcare system and to the economy. Yet, OF CALIFORNIA the underlying causes of most neurological f IN THE HOUSE OF REPRESENTATIVES diseases remain unknown. Neuroscience is the next great frontier. Re- PERSONAL EXPLANATION Thursday, March 16, 2017 search and work being done in this field needs Mr. COSTA. Mr. Speaker, I rise today to to be front and center in both the private world HON. LOUISE McINTOSH SLAUGHTER recognize Mr. Charles Hunnicutt for his out- and Congress. standing work and to congratulate him on his The bipartisan Congressional Neuroscience OF NEW YORK retirement after 45 years of dedicated public Caucus’ mission is to build awareness of the IN THE HOUSE OF REPRESENTATIVES service. intrinsic role brain research plays in under- Thursday, March 16, 2017 Charles began his career with the United standing ourselves and our society. As the States Air Force, honorably serving his coun- Co-Founder and Co-Chair, I am committed to Ms. SLAUGHTER. Mr. Speaker, I was un- try from June 1972 to June 1976. He was then working on these important issues and hope avoidably detained and missed Roll Call vote hired to work for the Internal Revenue Service my colleagues will join our efforts as members numbers 159, 160, and 161. Had I been (IRS) as a Criminal Investigations and Collec- of the Congressional Neuroscience Caucus. present, I would have voted Aye on roll call tions Officer from 1976 to 1987. f numbers 159, 160 and nay on roll call vote In 1988, Charles joined the Fresno County 161. Department of Social Services and remained MR. JOSEPH ROBERGE there until 2005. That same year, he was of- f fered the position as Fresno County Veterans HON. LEE M. ZELDIN IN RECOGNITION OF THE BARNS Service Officer. In 2010, Charles was asked to OF NEW YORK AT HAMILTON STATION VINE- also serve as the Madera County Veterans IN THE HOUSE OF REPRESENTATIVES Service Officer. Charles has remained with YARDS Thursday, March 16, 2017 both counties and has served Fresno County Veterans and Madera County Veterans with Mr. ZELDIN. Mr. Speaker, I rise today to HON. BARBARA COMSTOCK great passion and honor. honor Joseph Philip Roberge. Immediately fol- OF VIRGINIA It is with great pleasure that I applaud lowing his graduation from High School in IN THE HOUSE OF REPRESENTATIVES Charles Hunnicutt for his many years of tire- 1942, Joseph enlisted in the U.S. Army Air less work on behalf of veterans and our com- Corps and became a Navigator on a B–17 Thursday, March 16, 2017 munity. His ongoing dedication to public serv- bomber with the 398th Bomb Group located at Mrs. COMSTOCK. Mr. Speaker, I rise today ice is extremely commendable. Nuthampstead Air Base in England. to celebrate and commend my constituents, Mr. Speaker, it should be noted that in addi- Joseph flew 35 missions over Europe, in- Andrew and Maryann Fialdini, and their win- tion to his countless gifts to veterans and our cluding being part of air support at Omaha ery, the Barns at Hamilton Station Vineyards, community, Charles has been a true champion Beach on D–Day. Throughout his time in serv- on receiving the Governor’s Cup in the 2017 for my constituents where he serves on my ice, he earned the Distinguished Flying Cross, Governor’s Cup Wine Competition. This win 16th District Veterans Advisory Board and has European Theater of Operations Ribbon, two not only speaks to the hard work, entrepre- assisted my staff with service academy nomi- Bronze Stars, and Air Medal with 3 Oak Leaf neurship and expertise of Andrew and nations. In my office, a majority of our con- Clusters. Maryann, but also the growing and trans- stituent casework involves assisting veterans. Our country owes a debt of gratitude to Jo- forming Loudoun County wine industry. These are sensitive cases that can sometimes seph for his selfless actions taken to protect Since opening 8 years ago, their hard work take a great deal of time to resolve. Charles his homeland. It is important we honor these has certainly come to fruition. Andrew, is someone that my staff and I can always types of individuals as best we can and I hope Maryann, and the vineyard’s Wine Maker, Mi- count on to work together on behalf of vet- that many will follow in his footsteps and give chael Shaps, have worked diligently to erans. back to our country as graciously as he did. produce local, yet authentic-tasting, French- I have personally worked with Charles for People like him are a rare breed and they help style wines on their eleven acre vineyard lo- over 13 years in my capacity as a Member of make not only our country, but our world a cated in Hamilton, Virginia. And this year, two Congress and I can proudly call him my friend. much safer and better place. of their wines, the 2014 Meritage and 2014 In his capacity as Veterans Service Officer, f Charles is always available to discuss cases Cabernet Sauvignon, were named gold medal- PERSONAL EXPLANATION ists in the Governor’s Cup Wine Competition. and work together on issues of concern. I ask my colleagues to join me today in recognizing The judges of this year’s competition re- the commitment, dedication and success of viewed 494 bottles from 102 different wineries, HON. STEVE RUSSELL Charles Hunnicutt and wish him well as he OF OKLAHOMA and only 23 bottles were named gold medal- embarks on new endeavors. ists. Impressively of those 23 bottles, Andrew IN THE HOUSE OF REPRESENTATIVES and Maryann’s 2014 Cabernet Sauvignon was f Thursday, March 16, 2017 named the best wine and awarded the Gov- BRAIN AWARENESS WEEK Mr. RUSSELL. Mr. Speaker, due to travel ernor’s Cup—a recognition that a Loudoun delays caused by Winter Storm Stella, I was winery has never before received in the 37 HON. EARL BLUMENAUER unable to attend votes. years of this stringent and prestigious competi- OF OREGON Had I been present, I would have voted tion. IN THE HOUSE OF REPRESENTATIVES YEA on Roll Call No. 159, YEA on Roll Call Risk-taking small businesses have always No. 160, and YEA on Roll Call No. 161. Thursday, March 16, 2017 been the life blood of the Loudoun County f economy and our national economy and entre- Mr. BLUMENAUER. Mr. Speaker, this week preneurial families like the Fialdini’s have been commemorates Brain Awareness Week, which TRAVELING WALL THAT HEALS IN leaders in fostering strong, local economies presents an important opportunity to educate MENA, ARKANSAS that will continue to thrive and grow for years lawmakers, students, and the broader public to come. about brain science, and its many impacts and HON. BRUCE WESTERMAN Mr. Speaker, I ask my colleagues to join me benefits. This is critical when you consider that OF ARKANSAS in applauding Andrew and Maryann Fialdini brain disorders and diseases affect the lives of IN THE HOUSE OF REPRESENTATIVES and Michael Shaps for their successful small nearly 100 million Americans—from Alz- business and their special awards at the 2017 heimer’s to ALS to mental illness. Thursday, March 16, 2017 Governor’s Cup Wine Competition. I also wish Neurological and neurodegenerative dis- Mr. WESTERMAN. Mr. Speaker, I rise today them and their family the best in all of their fu- orders are among the leading causes of dis- to recognize the opening ceremonies of the ture endeavors. ability in the United States and around the Traveling Wall That Heals in Mena, Arkansas.

VerDate Sep 11 2014 01:32 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MR8.005 E16MRPT1 lotter on DSK5VPTVN1PROD with REMARKS E336 CONGRESSIONAL RECORD — Extensions of Remarks March 16, 2017 The Traveling Wall is a replica of the Vietnam Pardini. I congratulate Mr. Pardini for this are selected for this prestigious honor based Memorial in Washington and brings the names great achievement and ask that you join me in on a combined criteria of community involve- of the fallen to cities across our great nation. wishing him and his family continued success. ment and success in their chosen career field. According to Mena VFW Post 4451 Com- f Robert was a member of the 2002 class and mander Linda Johnson, ‘‘Bringing the Wall to has not only continued being an active mem- communities across the country spreads its IN HONOR OF GARY SCHNIEDERS ber of his community but he has expanded healing legacy to millions.’’ upon it since being honored in 2002. I want to thank Commander Johnson, mem- HON. ROD BLUM Robert is known for being a leader within bers of VFW Post 4451, and the citizens of OF IOWA his community, which is why in 2005 he was Mena for their leadership in bringing this im- IN THE HOUSE OF REPRESENTATIVES elected Mayor of the City of Urbandale. He portant piece of history to the Fourth Congres- Thursday, March 16, 2017 has been committed to overseeing the eco- sional District of Arkansas. May the lives of nomic growth and development of Des those killed during the Vietnam War never be Mr. BLUM. Mr. Speaker, I rise today to Moines’ largest suburb. When Robert isn’t forgotten. honor a remarkable teacher and citizen from busy leading his community, he works as a f Waterloo, Iowa. Mr. Gary Schnieders has lawyer at Nyemaster Goode P.C. He also taught History, Social Studies, and Economics works to improve his community by dedicating HONORING THE LIFETIME at Waterloo Columbus Catholic High School his time and serving on the Greater Des ACHIEVEMENTS OF MR. JIM for 39 years. Over those 39 years, Mr. Moines Partnership Board, the Greater Des PARDINI Schnieders has made an enormous impact on Moines Convention and Visitors Bureau, the the lives of his students and members of the Bravo Greater Des Moines Board and the HON. JIM COSTA community. Metropolitan Advisory Council. OF CALIFORNIA Mr. Schnieders’s devotion goes beyond the Mr. Speaker, it is a profound honor to rep- IN THE HOUSE OF REPRESENTATIVES classroom with his annual trip to the hallowed resent leaders like Robert in the United States ground of Europe’s battlefields. This trip is no Thursday, March 16, 2017 Congress and it is with great pride that I rec- European vacation. Students walk the trench- ognize and applaud him for utilizing his talents Mr. COSTA. Mr. Speaker, I rise today to es of the Western Front and explore battle- to better both his community and the great honor my dear friend, Jim Pardini of Pardini’s fields with a twelve-mile hike one day and state of Iowa. I ask that my colleagues in the Banquet and Catering for being awarded the twenty-mile bike ride another day. Prior to United States House of Representatives join Lifetime Achievement Award by the Central their departure, students are given reading as- me in congratulating Robert on receiving this California Restaurant Association—Fresno signments and must complete a 20-page outstanding award and wishing him nothing Chapter. For the past thirty-six years, Pardini’s essay. While in Europe, the students have but continued success. Banquet and Catering has dedicated their fa- nightly homework assignments. This annual f cility to providing the utmost exquisite food trip is highly anticipated and one that many service to all in the community. Jim is a pillar Waterloo Columbus students work toward their PERSONAL EXPLANATION in the Central Valley, known not only for his entire high school career. success as a restaurateur, but also for his The itinerary also includes visits to several HON. BRENDA L. LAWRENCE generous and giving spirit. American cemeteries and memorials honoring OF MICHIGAN Jim was born to Albert and Mary Jane our fallen heroes, and a wreath-laying cere- IN THE HOUSE OF REPRESENTATIVES Pardini in Santa Cruz, California. The Pardinis mony at the Meuse-Argonne American Ceme- would make Fresno their home in 1952. Jim tery. On the final day, the students visit the Thursday, March 16, 2017 graduated from San Joaquin Memorial High Normandy American Cemetery and Memorial Mrs. LAWRENCE. Mr. Speaker, unfortu- School in 1964 and went on to earn his Bach- where they clean the grave markers, plant an nately, on March 10, 2017, I was not able to elor’s degree in Social Science from Fresno American flag, and lay a rose on the grave of cast my vote on final passage of H.R. 720. State in 1968. Following in the hard working every Iowan. At the end of the day, students Had I been in attendance, I would have voted footsteps of his father, Jim carried on the fam- lay their final wreath of the trip at Normandy NO on H.R. 720—Lawsuit Abuse Reduction ily restaurant business started in 1948 by Al. as Taps sounds in the background. Act of 2017. By 1981, Jim and his wife Marie opened Upon their return to Iowa, the students give f Pardini’s Banquet and Catering and went on presentations to their families, fellow students, to acquire a Rubio’s and four Tony Roma res- and residents of Waterloo and Cedar Falls, PERSONAL EXPLANATION taurants. Over time, Pardini’s Catering has be- with a special invitation extended to the local come the well-respected caterer of the Big Veteran community. HON. ANTHONY G. BROWN Fresno Fair, the Fresno Convention Center Over the past 39 years, Mr. Schnieders has OF MARYLAND and Fresno State’s Bulldog Stadium. shown his students what cannot be taught in IN THE HOUSE OF REPRESENTATIVES To further his statewide impact in the res- a classroom—the meaning of sacrifice and taurant industry, Jim helped to create the res- love of country. Today, we honor his devotion Thursday, March 16, 2017 taurant Political Action Committee. Then, as that extends far beyond the classroom and Mr. BROWN of Maryland. Mr. Speaker, I the president of the California Restaurant As- helps to ensure the preservation of American was unavoidably detained. Had I been sociation, he aided in developing the Grass- values for generations to come. present, I would have voted YEA on Roll Call roots Program. Jim’s accomplishments created f No. 159, YEA on Roll Call No. 160, and YEA new ways for restaurant owners to truly con- on Roll Call No. 161. TRIBUTE TO ROBERT ANDEWEG nect with law makers in California. f In addition to his impact on the restaurant industry, Jim has dedicated his time to philan- HON. DAVID YOUNG IN RECOGNITION OF MR. BRETT FRENCH thropy work within the community. He is a OF IOWA longtime supporter of the Big Brothers Big Sis- IN THE HOUSE OF REPRESENTATIVES ters Program and the Boys and Girls Club. In Thursday, March 16, 2017 HON. JACK BERGMAN addition, he was presented with the honor of OF MICHIGAN the Humanitarian of the Year Award from the Mr. YOUNG of Iowa. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES Muscular Dystrophy Association. With his today to recognize and congratulate Robert many accomplishments thus far, Jim’s suc- Andeweg of Urbandale, Iowa, for being named Thursday, March 16, 2017 cess was fittingly recognized when he was in- the 2017 Forty under 40 Alumnus of the Year. Mr. BERGMAN. Mr. Speaker, it’s an honor ducted into the California Restaurant Associa- Since 2000, Business Record has under- to recognize Mr. Brett French as this year’s in- tion Foundation Hall of Fame. Through relent- taken an exhaustive annual review to identify dividual recipient of the Distinguished Service less hard work and dedication, Jim Pardini a standout group of young leaders in the Award (DSA). The Lake Superior Community continues to leave a substantial mark in the Greater Des Moines Area that are making an Partnership’s Distinguished Service Award is restaurant industry and within our community. impact in their communities and their careers. extended to businesses and individuals who Mr. Speaker, I ask my colleagues to join me Each year, forty up-and-coming community support economic development in Marquette in recognizing the lifelong achievements of Jim and business leaders under 40 years of age County.

VerDate Sep 11 2014 01:32 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MR8.012 E16MRPT1 lotter on DSK5VPTVN1PROD with REMARKS March 16, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E337 After earning bachelor’s and master’s de- taking over, Chris has made Central Decatur tional Institute for Women of Color, Hispanic grees from Central Michigan University, a destination for some of Iowa’s best teachers. USA Magazine, Federally Employed Women French served as a public policy and environ- His innovative programs have helped turn the (FEW), and the National Conference of Puerto mental consultant before settling in Ishpeming school district around and for the first time in Rican Women. She has received the Hispanic and beginning his career with American Trans- years they are seeing student tests scores Heritage Award for Education, a Civil Rights mission Co. (ATC), a high-voltage electric grow in a number of key areas. Chris’ ability Award from NASA, MANA’s Las Primeras transmission system company. As the external to empower teachers in his district has Award, the National Cuban American Wom- affairs manager for ATC, French contributes to brought about a new level of success for not en’s Association Award, and the National Marquette County’s development by stream- only his teachers, but the students as well. Council of Hispanic Women’s Outstanding lining and enhancing access to affordable Mr. Speaker, it is a profound honor to rep- Achievement Award. She was inducted into electricity for hundreds of communities across resent leaders like Chris in the United States the Maryland Women’s Hall of Fame. Michigan’s Upper Peninsula. Having been with Congress and it is with great pride that I rec- Even with her chock-full schedule of global ATC for 16 years now, French is responsible ognize and applaud him for utilizing his talents engagement and leadership, Ms. Votaw was for developing, coordinating, and managing re- to better his students, teachers, community deeply devoted to her family and to her role lationships between ATC and the Michigan- and the great state of Iowa. I ask that my col- as a grandmother. Please join me in extending based customers and stakeholders who make leagues in the United States House of Rep- condolences to her family and expressing ATC’s work possible. resentatives join me in congratulating Chris on gratitude for her life of dedication to helping all French participates in numerous community receiving this outstanding recognition and people find their voices. She made tangible development organizations and remains de- wishing him nothing but continued success. contributions to the civil and human rights voted to improving American infrastructure and f movements, the effects of which will be felt for the quality of life in the Upper Peninsula. His generations to come. HONORING THE LIFE OF CARMEN commitment to economic development is ex- f emplified through his service with Marquette DELGADO VOTAW County’s Economic Development Corp., Dick- COMMEMORATING THE 20TH ANNI- inson Economic Development Alliance, and HON. JAMIE RASKIN VERSARY OF CAMP FIRE’S ABSO- Operation Action U.P., where he works to OF MARYLAND LUTELY INCREDIBLE KID DAY identify and address regional opportunities that IN THE HOUSE OF REPRESENTATIVES advance economic development in our state’s Thursday, March 16, 2017 HON. SHEILA JACKSON LEE most rural areas. French also understands the OF TEXAS Mr. RASKIN. Mr. Speaker, I rise today to importance of learning the skills needed to IN THE HOUSE OF REPRESENTATIVES honor and commemorate the remarkable life succeed in today’s economy. In conjunction Thursday, March 16, 2017 with the Midwest Skills Development Center of Carmen Delgado Votaw, one of my con- Advisory Board and NICE Community stituents who passed away on February 18, Ms. JACKSON LEE. Mr. Speaker, I rise to Schools, he has provided the guidance to 2017 at the age of 82. Ms. Votaw was a civil commemorate the 20th year of Camp Fire’s equip the next generation of great leaders with and human rights giant and passionate partici- Absolutely Incredible Kid Day, which observed the skills they need to succeed. French’s com- pant in the global women’s rights activist com- the third Thursday in March and is devoted to mitment to his profession, community, and munity. sending uplifting messages to the youth in neighbors has been essential to his success, Ms. Votaw, who was born in Yabucoa, their lives. and I am confident that he will continue to in- Puerto Rico, spent her career acting upon a Founded in 1910, by Luther Gulick, M.D., spire others in the community to take an ac- vision of empowerment and inclusion for all and his wife, Charlotte Gulick, Camp Fire is a tive role in improving the quality of life in the women, especially in Latin America. She was leading national youth development organiza- Upper Peninsula. a born community organizer, using immense tion that guides ‘‘young people on their jour- Mr. Speaker, French’s accomplishments in tact, intellect, and grace to educate and en- ney to self-discovery.’’ service to the Upper Peninsula cannot be un- lighten others in order to open up cultural and As founder and Co-Chair of the Congres- derstated, and his family and community can political avenues for the advancement of sional Children’s caucus, I understand the im- take pride in knowing that Northern Michigan women. Due to her years of work and advo- portance of encouraging and supporting our is a better place thanks to his work. On behalf cacy in Latin America, she is credited with an youth to grow and thrive in this world. of Michigan’s First Congressional District, I increase in the number of countries that have Camp Fire’s Absolutely Incredible Kid Day congratulate Mr. Brett French and wish him signed the U.N. Convention on the Elimination honors our nation’s youth by asking adults to well as he continues to make a difference in of Discrimination Against Women; a greater write letters of encouragement and inspiration the lives of others. number of women in political and appointed to the incredible kids in their lives. offices; improved access to technology for This is a simple and impactful way to let the f rural women; and a higher literacy rate among youth know how much people care and sup- TRIBUTE TO CHRIS COFFELT women and girls. port them. Ms. Votaw received on multiple occasions There are numerous ways for adults to par- HON. DAVID YOUNG presidential appointments in recognition of her ticipate in this call to action including using so- OF IOWA outstanding abilities, including being appointed cial media to tag, tweet, post, and write letters IN THE HOUSE OF REPRESENTATIVES as Deputy Chair to the National Advisory of love and support to kids. Committee for Women. She served as Chief The campaign has received the critical ac- Thursday, March 16, 2017 of Staff to Jaime Fuster of Puerto Rico in the claim of child and family care experts, award Mr. YOUNG of Iowa. Mr. Speaker, I rise House of Representatives, marking the first winning authors, noted psychologists, and today to recognize and congratulate Chris time a Hispanic woman had held that title. She adults and kids everywhere, including Dr. Ste- Coffelt, Superintendent of Central Decatur was a founding member and President of the phen R. Covey, author of The 7 Habits of Community School District, for being named National Conference of Puerto Rican Women Highly Effective Families; Tipper Gore, who is one of Education Week’s 2017 ‘‘Leaders to and a board member of the Congressional a leading child advocate; and the famous As- Learn from.’’ Hispanic Caucus Institute. Ms. Votaw traveled tronaut, the late U.S. Senator John Glenn. Each year, Education Week searches around the globe to promote her agenda of Celebrities such as Oprah Winfrey, Jim across the country for some of the most inno- civil and human rights. She visited 70 coun- Carrey, and Cindy Crawford have also given vative and forward thinking educators our tries to participate in and speak at women’s their support to Absolutely Incredible Kid Day. schools have to offer. Chris certainly fits that rights forums, including five United Nations In Houston, Texas we know that it truly mold. His tireless dedication to educational ex- World Conferences on Women. She is a pub- takes an entire community to raise a child. cellence has given rise to a new culture of stu- lished author, most notably having written the Houston has a distinct history of uplifting the dent growth and success in the Central Deca- biographies of other distinguished Puerto youth in our community so they can excel in tur Community School District. Rican woman. any area they choose. Prior to Chris’s arrival, the school district Among the organizations that have honored A few examples of Houstonians who have had a difficult time retaining high-quality teach- Ms. Votaw for her contributions to women’s benefited from community support are: the en- ers for extended periods of time, which con- rights are the U.S. Marshals Service, the tertaining Beyonce´ Knowles Carter; the hilar- tributed to lower student achievement. Since Instituto de Puerto Rico of New York, the Na- ious Jim Parsons, from the Big Bang Theory;

VerDate Sep 11 2014 01:32 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MR8.018 E16MRPT1 lotter on DSK5VPTVN1PROD with REMARKS E338 CONGRESSIONAL RECORD — Extensions of Remarks March 16, 2017 the talented actor Isaiah. Washington, from I rise to reaffirm my support for our youth they are loved and supported by their families Grey’s Anatomy; and Simone Biles, who set and commend the Camp Fire organization on and members of their community. the record for the most gold medals in wom- their Absolutely Incredible Kid Day initiative en’s gymnastics at a single Olympic games. which reminds adults to let children know that

VerDate Sep 11 2014 01:32 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16MR8.020 E16MRPT1 lotter on DSK5VPTVN1PROD with REMARKS Thursday, March 16, 2017 Daily Digest Senate Chamber Action Committee Meetings The Senate met at 11:30:01 a.m. in pro forma ses- No committee meetings were held. sion, and adjourned at 11:30:32 a.m., until 10 a.m., on Monday, March 20, 2017. h House of Representatives Recess: The House recessed at 1:30 p.m. and recon- Chamber Action vened at 1:35 p.m. Page H2100 Public Bills and Resolutions Introduced: 37 pub- VA Accountability First Act of 2017: The House lic bills, H.R. 1556–1592; and 7 resolutions, H.J. Res. 90; and H. Res. 200–205 were introduced. passed H.R. 1259, to amend title 38, United States Pages H2147–49 Code, to provide for the removal or demotion of em- ployees of the Department of Veterans Affairs based Additional Cosponsors: Pages H2150–51 on performance or misconduct, by a recorded vote of Reports Filed: Reports were filed today as follows: 237 ayes to 178 noes, Roll No. 168. Pages H2114–35 H.R. 1302, to require an exercise related to ter- Rejected the Kihuen motion to recommit the bill rorist and foreign fighter travel, and for other pur- to the Committee on Veterans’ Affairs with instruc- poses (H. Rept. 115–40); tions to report the same back to the House forthwith H.R. 1297, to amend the Homeland Security Act with amendments, by a recorded vote of 189 ayes to of 2002 to make technical corrections to the require- 229 noes, Roll No. 167. Pages H2133–35 ment that the Secretary of Homeland Security sub- Pursuant to the Rule, an amendment in the na- mit quadrennial homeland security reviews, and for ture of a substitute consisting of the text of Rules other purposes (H. Rept. 115–41); and Committee Print 115–7 shall be considered as an H.R. 1238, to amend the Homeland Security Act original bill for the purpose of amendment under the of 2002 to make the Assistant Secretary of Home- five-minute rule. Page H2122 land Security for Health Affairs responsible for co- ordinating the efforts of the Department of Home- Agreed to: land Security related to food, agriculture, and veteri- Roe (TN) amendment (No. 1 printed in part A nary defense against terrorism, and for other pur- of H. Rept. 115–39) that inserts ‘‘to or’’ after the Page H2125 poses (H. Rept. 115–42, Part 1). Page H2147 word ‘‘paid’’ on page 20, line 15; Kuster amendment (No. 4 printed in part A of H. Recess: The House recessed at 10:47 a.m. and re- Rept. 115–39) that includes as prohibited personnel convened at 12 noon. Page H2090 practices as described in the whistleblower protection Guest Chaplain: The prayer was offered by the subsection of section 3 with those defined in 38 Guest Chaplain, Rev. Dr. Andrew Chaney, First and USC 733(c); Pages H2127–28 Calvary Presbyterian Church, Springfield, Missouri. Taylor amendment (No. 6 printed in part A of H. Page H2090 Rept. 115–39) that requires the Veterans Adminis- Journal: The House agreed to the Speaker’s approval tration to provide a semi-annual report to the House of the Journal by a yea-and-nay vote of 243 yeas to and Senate Committees on Veterans Affairs outlining 165 nays with 1 answering ‘‘present’’, Roll No. 164. all instances of Senior Executives who are detailed to Page H2090, H2102 a new position within the agency; the report will D300

VerDate Sep 11 2014 04:12 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16MR7.REC D16MRPT1 lotter on DSK5VPTVN1PROD with DIGEST March 16, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D301 contain details on the purpose of the reassignment as fairs to hire and retain physicians and other employ- well as the costs associated with the reassignment; ees of the Department of Veterans Affairs. Consider- Page H2128 ation is expected to resume tomorrow, March 17th. Tenney amendment (No. 7 printed in part A of Pages H2136–39 H. Rept. 115–39) that requires that bonuses award- H. Res. 198, the rule providing for consideration ed to senior-level executives within the Department of the bills (H.R. 1259), (H.R. 1367), and (H.R. of Veterans Affairs be reported to Congress on an an- 1181) was agreed to by a recorded vote of 229 ayes nual basis; and Pages H2128–29 to 187 noes, Roll No. 163, after the previous ques- Kuster amendment (No. 8 printed in part A of H. tion was ordered by a yea-and-nay vote of 227 yeas Rept. 115–39) that requires VA supervisors to de- to 185 nays, Roll No. 162. velop performance plans for employees, to include Pages H2094–H2100, H2100–02 steps taken to address poor performance; it would Quorum Calls—Votes: Three yea-and-nay votes also improve training for supervisors. Pages H2129–30 and five recorded votes developed during the pro- Rejected: ceedings of today and appear on pages H2100–01, Walz amendment (No. 2 printed in part A of H. H2101–02, H2102, H2132, H2132–33, H2134–35, Rept. 115–39) that sought to grant the VA Sec- H2135 and H2135–36. There were no quorum calls. retary improved authorities to hold VA senior execu- Adjournment: The House met at 10 a.m. and ad- tives and employees accountable, protects employees’ journed at 7:50 p.m. constitutionally guaranteed due process rights, and protects employees’ collective bargaining rights under federal law (by a recorded vote of 194 ayes to Committee Meetings 223 noes, Roll No. 165); and Pages H2125–27, H2132 Takano substitute amendment (No. 9 printed in THE NEXT FARM BILL: AGRICULTURAL part A of H. Rept. 115–39) that sought to provide RESEARCH for the suspension and removal of VA employees for performance or misconduct that is a threat to public Committee on Agriculture: Subcommittee on Bio- health and safety in place of the proposed removal technology, Horticulture, and Research held a hear- process (by a recorded vote of 183 ayes to 232 noes, ing entitled ‘‘The Next Farm Bill: Agricultural Re- Roll No. 166). Pages H2130–32, H2132–33 search’’. Testimony was heard from public witnesses. H. Res. 198, the rule providing for consideration of the bills (H.R. 1259), (H.R. 1367), and (H.R. THE NEXT FARM BILL: FORESTRY 1181) was agreed to by a recorded vote of 229 ayes INITIATIVES to 187 noes, Roll No. 163, after the previous ques- Committee on Agriculture: Subcommittee on Conserva- tion was ordered by a yea-and-nay vote of 227 yeas tion and Forestry held a hearing entitled ‘‘The Next to 185 nays, Roll No. 162. Farm Bill: Forestry Initiatives’’. Testimony was heard Pages H2094–H2100, H2100–02 from public witnesses. Veterans 2nd Amendment Protection Act: The House passed H.R. 1181, to amend title 38, United INVESTING IN THE FUTURE—EARLY States Code, to clarify the conditions under which CHILDHOOD EDUCATION PROGRAMS AT certain persons may be treated as adjudicated men- THE DEPARTMENT OF HEALTH AND tally incompetent for certain purposes, by a yea-and- HUMAN SERVICES nay vote of 240 yeas to 175 nays, Roll No. 169. Committee on Appropriations: Subcommittee on Labor, Pages H2102–14, H2135–36 Health and Human Services, Education, and Related H. Res. 198, the rule providing for consideration Agencies held a hearing entitled ‘‘Investing in the of the bills (H.R. 1259), (H.R. 1367), and (H.R. Future—Early Childhood Education Programs at the 1181) was agreed to by a recorded vote of 229 ayes Department of Health and Human Services’’. Testi- to 187 noes, Roll No. 163, after the previous ques- mony was heard from public witnesses. tion was ordered by a yea-and-nay vote of 227 yeas to 185 nays, Roll No. 162. MEMBERS’ DAY Pages H2094–H2100, H2100–02 Committee on Appropriations: Subcommittee on State, Improving the authority of the Secretary of Vet- Foreign Operations, and Related Programs held a erans Affairs to hire and retain physicians and hearing entitled ‘‘Members’ Day’’. Testimony was other employees of the Department of Veterans heard from Representatives Babin, Blumenauer, Affairs: The House considered H.R. 1367, to im- Cartwright, Donovan, Engel, Espaillat, Foster, Grif- prove the authority of the Secretary of Veterans Af- fith, Kennedy, McGovern, Schiff, and Yoho.

VerDate Sep 11 2014 03:15 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD17\MARCH\D16MR7.REC D16MR7 D302 CONGRESSIONAL RECORD — DAILY DIGEST March 16, 2017 DEPARTMENT OF TRANSPORTATION AND submissions were ordered reported, without amend- DEPARTMENT OF HOUSING AND URBAN ment. DEVELOPMENT HONORING OUR COMMITMENT TO Committee on Appropriations: Subcommittee on Trans- RECOVER AND PROTECT MISSING AND portation, Housing and Urban Development, and EXPLOITED CHILDREN Related Agencies held an oversight hearing on the Department of Transportation and Department of Committee on Education and the Workforce: Full Com- Housing and Urban Development. Testimony was mittee held a hearing entitled ‘‘Honoring Our Com- heard from David A. Montoya, Inspector General, mitment to Recover and Protect Missing and Ex- Department of Housing and Urban Development; ploited Children’’. Testimony was heard from public and Calvin L. Scovel III, Inspector General, Depart- witnesses. ment of Transportation. DISRUPTER SERIES: SMART COMMUNITIES THE CURRENT STATE OF THE U.S. NAVY Committee on Energy and Commerce: Subcommittee on Committee on Armed Services: Subcommittee on Readi- Digital Commerce and Consumer Protection held a ness held a hearing entitled ‘‘The Current State of hearing entitled ‘‘Disrupter Series: Smart Commu- the U.S. Navy’’. Testimony was heard from the fol- nities’’. Testimony was heard from Brenna Berman, lowing U.S. Navy officials: Vice Admiral Philip H. Commissioner and Chief Information Officer, Chi- Cullom, Deputy Chief of Naval Operations for Fleet cago Department of Innovation and Technology; Readiness and Logistics; Vice Admiral Luke M. Kyle Chisek, Director of Bureau Relations, City of McCollum, Chief of Naval Reserve, Navy Reserve Portland, Oregon, Office of Mayor Ted Wheeler; Force; and Vice Admiral Joseph P. Mulloy, Deputy Jennifer Gallagher, Director, Department of Public Chief of Naval Operations for Integration of Capa- Service, City of Columbus, Ohio; Alexander bilities and Resources. Pazuchanics, Policy Advisor, Office of the Mayor, City of Pittsburgh, Pennsylvania; and public wit- OVERSIGHT REVIEW OF INFRASTRUCTURE nesses. NEEDS AND PROJECTS READY FOR IMMEDIATE IMPLEMENTATION IN THE REINVESTMENT AND REHABILITATION OF NUCLEAR SECURITY ENTERPRISE OUR NATION’S SAFE DRINKING WATER Committee on Armed Services: Subcommittee on Over- DELIVERY SYSTEMS sight and Investigations held a hearing entitled Committee on Energy and Commerce: Subcommittee on ‘‘Oversight Review of Infrastructure Needs and Environment held a hearing entitled ‘‘Reinvestment Projects Ready for Immediate Implementation in the and Rehabilitation of Our Nation’s Safe Drinking Nuclear Security Enterprise’’. Testimony was heard Water Delivery Systems’’. Testimony was heard from from Frank Klotz, Administrator, National Nuclear public witnesses. Security Administration; James McConnell, Associate SOUND MONETARY POLICY Administrator for Safety, Infrastructure, and Oper- ations, National Nuclear Security Administration; Committee on Financial Services: Subcommittee on Charlie McMillan, Director, Los Alamos National Monetary Policy and Trade held a hearing entitled Laboratory; and Sean Sullivan, Chairman, Defense ‘‘Sound Monetary Policy’’. Testimony was heard from Nuclear Facilities Safety Board. public witnesses. THE EFFECT OF SEQUESTRATION AND FLOOD INSURANCE REFORM: A CONTINUING RESOLUTIONS ON ARMY COMMUNITY PERSPECTIVE MODERNIZATION AND READINESS Committee on Financial Services: Subcommittee on Committee on Armed Services: Subcommittee on Tac- Housing and Insurance held a hearing entitled tical Air and Land Forces held a hearing entitled ‘‘Flood Insurance Reform: A Community Perspec- ‘‘The Effect of Sequestration and Continuing Resolu- tive’’. Testimony was heard from public witnesses. tions on Army Modernization and Readiness’’. Testi- IMMIGRATION BENEFITS VETTING: mony was heard from Lieutenant General Joseph An- EXAMINING CRITICAL WEAKNESSES IN derson, Deputy Chief of Staff, Army G–3/5/7; and USCIS SYSTEMS Lieutenant General John M. Murray, Deputy Chief of Staff, Army G–8. Committee on Homeland Security: Subcommittee on Oversight and Management Efficiency held a hearing MISCELLANEOUS MEASURES entitled ‘‘Immigration Benefits Vetting: Examining Committee on the Budget: Full Committee held a mark- Critical Weaknesses in USCIS Systems’’. Testimony up on reconciliation submissions. The reconciliation was heard from Lori Scialabba, Acting Director, U.S.

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Citizenship and Immigration Services, Department MISCELLANEOUS MEASURES of Homeland Security; Carol Harris, Director, Infor- Committee on Oversight and Government Reform: Full mation Technology Acquisition Management Issues, Committee held a markup on H.R. 756, the ‘‘Postal Government Accountability Office; and John Roth, Service Reform Act of 2017’’; and H.R. 760, the Inspector General, Department of Homeland Secu- ‘‘Postal Service Financial Improvement Act of 2017’’. rity. H.R. 756 and H.R. 760 were ordered reported, as MISCELLANEOUS MEASURE amended. Committee on the Judiciary: Full Committee held a markup on S. 305, the ‘‘Vietnam War Veterans Rec- CAFETERIA PLANS: A MENU OF NON- ognition Act of 2017’’. S. 305 was ordered reported, OPTIONS FOR SMALL BUSINESS OWNERS without amendment. Committee on Small Business: Subcommittee on Eco- BRINGING JUSTICE CLOSER TO THE nomic Growth, Tax, and Capital Access held a hear- PEOPLE: EXAMINING IDEAS FOR ing entitled ‘‘Cafeteria Plans: A Menu of Non-Op- RESTRUCTURING THE 9TH CIRCUIT tions for Small Business Owners’’. Testimony was heard from public witnesses. Committee on the Judiciary: Subcommittee on Courts, Intellectual Property, and the Internet held a hearing BUILDING A 21ST CENTURY entitled ‘‘Bringing Justice Closer to the People: Ex- INFRASTRUCTURE FOR AMERICA: THE amining Ideas for Restructuring the 9th Circuit’’. NATIONAL PREPAREDNESS SYSTEM Testimony was heard from the following officials from the United States Court of Appeals for the Committee on Transportation and Infrastructure: Sub- Ninth Circuit: Sidney Thomas, Chief Circuit Judge; committee on Economic Development, Public Build- Carlos Bea, Circuit Judge; Alex Kozinski, Circuit ings, and Emergency Management held a hearing en- Judge; and public witnesses. titled ‘‘Building a 21st Century Infrastructure for America: The National Preparedness System’’. Testi- COMBATING CRIMES AGAINST CHILDREN: mony was heard from Tom Roberts, Assistant Sher- ASSESSING THE LEGAL LANDSCAPE iff, Las Vegas Metropolitan Police Department and Committee on the Judiciary: Subcommittee on Crime, public witnesses. Terrorism, Homeland Security, and Investigations Joint Meetings held a hearing entitled ‘‘Combating Crimes Against Children: Assessing the Legal Landscape’’. Testimony No joint committee meetings were held. was heard from public witnesses. f IDENTIFYING INNOVATIVE COMMITTEE MEETINGS FOR FRIDAY, INFRASTRUCTURE IDEAS FOR THE MARCH 17, 2017 NATIONAL PARK SERVICE AND FOREST SERVICE (Committee meetings are open unless otherwise indicated) Committee on Natural Resources: Subcommittee on Fed- Senate eral Lands held a hearing entitled ‘‘Identifying Inno- No meetings/hearings scheduled. vative Infrastructure Ideas for the National Park Service and Forest Service’’. Testimony was heard House from public witnesses. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Monday, March 20 9 a.m., Friday, March 17

Senate Chamber House Chamber Program for Monday: Senate will meet in a pro forma Program for Friday: Complete consideration of H.R. session. 1367—To improve the authority of the Secretary of Vet- erans Affairs to hire and retain physicians and other em- ployees of the Department of Veterans Affairs, and for other purposes.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E334 Russell, Steve, Okla., E335 Higgins, Brian, N.Y., E333 Schweikert, David, Ariz., E333 Bergman, Jack, Mich., E336 Jackson Lee, Sheila, Tex., E337 Slaughter, Louise McIntosh, N.Y., E335 Blum, Rod, Iowa, E336 Johnson, Bill, Ohio, E334 Smith, Jason, Mo., E334 Blumenauer, Earl, Ore., E335 Katko, John, N.Y., E334 Westerman, Bruce, Ark., E335 Brown, Anthony G., Md., E336 Lawrence, Brenda L., Mich., E336 Comstock, Barbara, Va., E335 Loudermilk, Barry, Ga., E333 Young, David, Iowa, E336, E337 Costa, Jim, Calif., E334, E335, E336 McCaul, Michael T., Tex., E334 Zeldin, Lee M., N.Y., E335 Guthrie, Brett, Ky., E333 Raskin, Jamie, Md., E337

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